Contract Law

Quantum Meruit: Recovering on a Contract When There Is no Contract

When two parties enter into a contract for goods or services, the parties generally create a set of responsibilities to one another. Each side is obligated to perform their part of the contract in exchange for the performance by the other side. A contract that would be upheld by a court is called an enforceable…

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Possessory Liens: Enforcement and Collateral Recovery

The Texas Legislature has enacted possessory lien statutes in the Texas Property Code to protect service providers who perform work on personal property such as motor vehicles, boats, and aircraft. This article is limited to the liens available to service providers who repair, tow and store motor vehicles. The purpose of this article is to…

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Predatory Lending Practices by Bank of America Corp

The U.S. Supreme Court recently heard oral arguments in a case involving alleged predatory lending practices by the Bank of America and whether a municipality, the City of Miami, may file a suit for economic damages under the Fair Housing Act (FHA). The City alleges that the bank’s predatory lending practices disproportionately affected minority communities.…

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Koch v. Boxicon, LLC – Dallas Court of Appeals

Koch v. Boxicon, LLC Dallas Court of Appeals, No. 05-14-01424-CV (March 30, 2016) Justices Fillmore, Myers, and Whitehill While Koch was finishing chiropractic school, he met Lindemuth, Boxicon’s general manager—an encounter both now likely regret. After Lindemuth had personally advanced several thousand dollars for Koch’s mortgage and living expenses, a Boxicon affiliate leased Koch space…

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Think Before Taking That Lawsuit to Court

Three Questions to Ask Yourself Before Heading to the Courtroom When people feel like they’ve been wronged by another party in some form or fashion, taking a lawsuit against that party to court tends to be one of—if not the first—options they entertain. Understandably, we can all fly off the handle to an extent after…

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What Is Construction Law?

Everyone knows a lawyer is a person who practices law, one who (at the very least) provides legal counsel and representation to his or her clients. What you may not know is there are many different areas of law in which a lawyer can specialize, from family and civil law to municipal and real estate…

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The Cost of Doing Business

Tale of Two Businesses (A Business Parable) Two entrepreneurs went to visit an attorney’s office. One was named Joe Pennypincher, the other was Patrick Preparedman. They each wanted to start a business and needed documents drawn up. At each of their consults, the attorney explained how he would go through and get the important factors…

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Business Divorce in Texas

When I was young, my father told me to never get into a 50/50 ownership arrangement with your business partner. Now that I’ve grown into an attorney who sometimes deals with these businesses, I thought it might be useful to talk about some of the ways to avoid a 50/50 situation or some considerations that…

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Texas Legislature Updates Exemptions on Personal Property

By Byron R. Berry On May 26, 2015, the Texas Legislature passed an amendment to the Texas Property Code that increases the amount of personal property that is exempt from garnishment, attachment, execution or other seizure. Previously set at $60,000 for a family, or $30,000 for an individual, the protection stopped debt collectors from seizing…

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Writing A Contract

So you want to create a contract? You have agreed to a deal and all that remains is to reduce that agreement to writing. How do you go about writing a contract? What questions should you be asking yourself as you reduce the agreement to writing? Think of contract drafting as requiring one part each:…

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