Pittsburgh Legal Back Talk

Legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus.

1347 Posts and Counting

Confession of Judgment and Political Advertising

No. 1,289 The TV advertising on both sides of the Pennsylvania Senatorial race has been an abomination of untruth, half truth and true but irrelevant statements.  So perhaps one more wrong allegation doesn’t matter very much. In fact, some of the claims are so outrageous, that even a child could see through them. Nevertheless,  the […]

Hiccoughing on HICPA — the statute a contractor can ignore and collect anyway

No. 1,256  HOME IMPROVEMENT CONSUMER PROTECTION ACT,                                    73 P.S. § 517.1, et seq. MAUREEN DURST AND SCOTT DURST v. MILROY GENERAL CONTRACTORS, INC . 52 A.3d 357 (2012) SHAFER ELECTRIC & CONSTRUCTION v. RAYMOND MANTIA AND DONNA MANTIA, 67 A.3d 2013 […]

More Things To Worry About In Creating a Confession of Judgment Clause in a Commercial Lease.

No. 1,215 A confession of judgment clause of necessity creates a limited power of attorney empowering the landlord’s attorney to enter judgment in behalf of the tenant without a hearing.  Pennsylvania law regarding powers of attorney has been changing, with the most recent change occurring in new amendments effective on January 1, 2015.Act 95 of […]

Real Estate Disclosure Law Does Not Require Disclosure of Murder-Suicide in the House to be Sold.

No. 1,085 Janet S. Milliken v. Kathleen Jacono et. al. , Pennsylvania Supreme Court, No. 48 MAP 2013( July 21, 2014) The Supreme Court stated the issue and holding thusly: “We are asked to consider whether the occurrence of a murder/suicide inside a house constitutes a material defect of the property, such that appellees’ failure […]

Contracts: Escape through the Back Door.

When reviewing contract language drafted by the other party, look for the back door. Can the other party delay or avoid performance for trivial reasons — or no reason at all? Can he cancel the contract for vague or unrelated reasons? Are there unreasonable covenants that enable him to declare you in breach of contract over factors out of your control?

Text Messages as Evidence — how to do it and how not to do it.

I use the instant message feature on my computer to display one or more messages on my desktop computer screen. Then I take and save a screen shot and save it to the desktop or a file. I can then print it out. The text is dated. You can also copy it to an email and send it to yourself or anyone else.

Noncompete Agreement Requires New Consideration in Pa. to Be Enforceable.

It has long been the law in Pennsylvania that noncompete agreements, as restraints of trade, must be supported by consideration. The case law supporting this principle and setting forth exceptions has been fully presented in tis opinion. This case, however, adds a new twist. The Uniform Written Obligations Act provides that consideration is not necessary if a written contract contains the words “intending to be legally bound” or their substance.

Adams on Contract Drafting

Ken Adams is the author of “A Manual of Style for Contract Drafting” . He has given his standard seminar “Drafting Clearer Contracts” at many locations in the US and Canada and has given public seminars at many locations around the world.

Welcome

CLIFF TUTTLE has been a Pennsylvania lawyer for over 40 years and (inter alia) is a real estate litigator and legal writer. The posts in this blog are intended to provide general information about legal topics of interest to lawyers and consumers with a Pittsburgh and Western Pennsylvania focus. However, this information does not constitute legal advice and there is no lawyer-client relationship created when you read this blog. You are encouraged to leave comments but be aware that posted comments can be read by others. If you wish to contact me in privacy, please use the Contact Form located immediately below this message. I will reply promptly and in strict confidence.

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