Obligation in California Modification, Substitution, or Termination of Obligation Welcome to the California legal encyclopedia's introductory part covering the modification, substitution, or termination of obligation laws of California, with explanations of the various implications of […]
Settlement in California Good Faith Settlements All litigators need to know the statutory rules governing good faith settlements. By Gilda R. Turitz. She is a partner and litigation practice group leader at Sideman & Bancroft in San Francisco. When one defendant in a multiparty case […]
Contract Law in California Nature and Requisites of Contracts Welcome to the California legal encyclopedia's introductory part covering the nature and requisites of contracts laws of California, with explanations of the various implications of nature and requisites of contracts in […]
California Breach This section covers California-specific basic information on breach and related topics. Many of California's laws on breach are similar to those of other U.S. states, with some differences (in some cases, minor differences). California breach laws on breach are created […]
Illegal Contracts in California Illegal and Unconscionable Contracts Welcome to the California legal encyclopedia's introductory part covering the illegal and unconscionable contracts laws of California, with explanations of the various implications of illegal and unconscionable contracts […]
Contracts in California For California Attorneys: Contracts There is more information about this subjet in the California legal portal in these entries: Damages Clauses Good Faith Parol Evidence Indemnity Contract Interpretation Extrinsic Evidence Best Efforts California Contracts This […]
Constructive Contracts in California Implied and Constructive Contracts Welcome to the California legal encyclopedia's introductory part covering the implied and constructive contracts laws of California, with explanations of the various implications of implied and constructive contracts […]
Indemnity Contracts in California Guaranty, Surety, and Indemnity Contracts Welcome to the California legal encyclopedia's introductory part covering the guaranty, surety, and indemnity contracts laws of California, with explanations of the various implications of guaranty, surety, and […]
Indemnity in California For California Attorneys: Indemnity Primer ( February 2013 ) Indemnity is one of those core legal concepts that virtually every lawyer encounters somewhere down the line. Although judicial approaches to indemnity have shifted over the years, one rule holds firm: If […]
For California Attorneys: Parol Evidence after Riverisland ( September 2013 ) Cindy Client signed a fully integrated purchase agreement requiring her to make 24 equal monthly installment payments, followed by a large balloon payment. A year into the contract she realizes, for the first time, […]
For California Attorneys: Liquidated Damages Clauses ( August 2013 ) Lawyers often insert liquidated damages clauses into contracts, intending to specify the amount of damages that one party will receive if the other party breaches the agreement. These clauses can be efficient mechanisms for […]
For California Attorneys: Juries and Contract Interpretation ( February 2012 ) California law on interpreting disputed contracts isn't what many lawyers think it is – and the same goes for deeds, wills, and other written instruments. Who is vested with the power to say what a contract […]
For California Attorneys: Admitting Extrinsic Evidence in California ( February 2008 ) For years, courts and commentators have debated the circumstances under which extrinsic evidence should be admitted when interpreting contracts. According to the plain meaning school of thought endorsed by […]
For California Attorneys: Divining the Meaning of Best Efforts ( January 2008 ) A best efforts clause must be one of the most misunderstood provisions to consistently worm its way into an agreement. To put such a claim to the empirical test, take a moment to define for yourself what is […]
For California Attorneys: Drafting Around Good Faith ( July 2013 ) In California, every contract contains an implied covenant of good faith and fair dealing, which prevents one party from unfairly frustrating the other party's right to receive contractual benefits. The implied covenant is […]