What Is Breach of Contract?

A breach of contract occurs when a party to a contract fails to fulfill one of their contractual obligations. When this occurs, the other party can obtain a remedy for the breach.

What Is Anticipatory Repudiation?

Generally, a breach cannot occur until the time for performance has passed. However, a breach of contract may be recognized sooner in the case of anticipatory repudiation.

What Can You Do in Case of Anticipatory Repudiation?

There are several actions you should consider if you believe someone you have contracted with will not be able to fulfill their obligations.

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Common Vendor Contract Disputes That May Result in Litigation

Key Takeaways Importance of clear vendor contracts — A well-written vendor agreement should clearly define scope, obligations, performance standards, termination, and liability to prevent misunderstandings. Common grounds for disputes — Vendor-contract conflicts often arise from missed deadlines, quality issues, unclear termination rights, or lack of defined remedies. Litigation risk if unaddressed — When vendor breaches are material and unresolved,...

What Is Oppression of a Minority Shareholder or Minority Member?

Minority oppression occurs when those in control of a company abuse their power in a way that fundamentally harms a minority owner’s interests. The people in control can be majority shareholders, or members, officers, directors, or managers. As a minority owner, you have certain legal rights. If others are denying you those rights or abusing their power, you need...

Do I Need a Lawyer for Arbitration?

Arbitration involves different rules and procedures than typical litigation. Therefore, it is important to look for a lawyer who has specific experience with arbitration. A Michigan arbitration attorney can advise you on things like selecting an arbitrator, gathering evidence, and presenting your case. Key Takeaways Understanding Arbitration: Arbitration is a private form of alternative dispute resolution where a neutral...

Can My Business Partner Push Me Out?

Wondering if a business partner can push you out or force a buyout? This question should also be on your mind when you set out to form a business partnership. The best way to protect your rights in a partnership is to have clear, written agreements. Your partnership agreement should specify whether and when a partner can be expelled...

New Michigan Shareholder Law

According to a new Michigan Supreme Court’s April 5, 2022 decision, corporate officers and directors can be sued directly for a breach of fiduciary duties. The unanimous opinion clarifies the existing law on whether an individual shareholder can file a lawsuit directly against officers and directors who breach fiduciary duties. Key Takeaways Overview of the New Michigan Shareholder Law:...

10 Situations When Your Business Should Consult an Employment Attorney

Employment law can affect many facets of your business. As an employer, you need to be aware of laws pertaining to a number of things, including: Employer lawyers help protect businesses from legal disputes based on these employment laws. In particular, if your business is faced with any of the situations below, it may be a good time to...

The Basics on Buy-Sell Agreements in Michigan

A buy-sell agreement is like a prenup for a business: it helps you determine what will happen if an owner leaves. No business partnership lasts forever. Inevitably, there will come a time when an owner needs to move on, either by their own choice or because of changing circumstances. If you are starting a new business or are concerned...

How to Choose a Commercial Litigation Attorney for Your Business

Commercial litigation is a broad area of law that can involve many types of complex disputes. And knowing when and how to choose the right commercial litigation attorney can make all the difference. Any type of disagreement that can come up in a business context may fall into the category of commercial litigation. These issues are often more legally...

What Is a Business Divorce?

People enter into small business partnerships based on a common interest and a common vision. But these halcyon days almost always pass and sometimes significant disputes arise. Conflict arises most frequently from disagreements on future course, a failure to uphold obligations, being “oppressed” as the minority owner, or one business partner acting in bad faith to harm the business....

Anticipatory Repudiation, Coronavirus, and Breach of Contract: Facts You Should Know

Many businesses have suffered financial strain in the wake of COVID-19. As a result, contracts that were made before the pandemic may be difficult or even impossible to fulfill. This makes things difficult for both sides of a contract. If you can’t fulfill your contracts, you may become embroiled in litigation and end up further in debt. If another...

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