Advice for LeBron.
Number 469
So LeBron James has had a lot of fun watching all of his competitors fall all over each other trying to induce him to play with a ball and hoop in their City. Now he must make a choice. Or does he?
Why should the great LeBron James work for any of them anyway? He [...]
Landlord and Tenant: The Secret Lease Addendum
I just received an email from a man who signed a lease and later learned that there was an addendum he hadn’t seen requiring him to subscribe to a cable package that includes features he didn’t want. Since he hasn’t moved in, the question is whether he is obligated by the addendum and whether he can terminate the lease.
Plain Language Consumer Contract Act: An Idea Whose Time Hasn’t Come Yet.
A tenant posting a question on the AVVO website wanted to know if a lease was unenforceable if the print was below a specified font size. We’ve all seen the “fine print.” It is usually not only very small, but quite lengthy and filled with difficult terms.
The Landlord and Tenant Act doesn’t say anything about [...]
LANDLORD & TENANT: PROPERTY LEFT AFTER TENANT DEPARTS.
Riders should be drafted to standard leases to deal with situations that could arise. Otherwise, the parties are forced to take their chances in court and, depending upon the facts, either one may have an expensive loss to absorb. One important purpose of written contracts is to reduce risk, especially when the risk is foreseeable. And the landlord doesn’t have to be the moving party. Tenants can and should propose contract modifications that address their concerns at the time the contract commences. Later may be too late.
Interesting Contracts Case Appears in Adams Drafting.
Posted by Cliff Tuttle (c) 2009
Suppose that a newly-hired executive deliberately signs a non-compete contract on the company’s signature line. After his employment is terminated, he argues that the contract is invalid because he signed the wrong line on purpose and the company submitted a new document that was never signed. Enforceable? [...]
The Greenbrier is on the Block
Posted by Cliff Tuttle
The Greenbrier, one of the finest resorts in America, was recently purchased by Marriott. Or was it?
Read about it in the West Virginia Business Litigation Blog, added to the blogroll today.
CLT
Contracts: Negotiating Attorneys Fee Awards
The good news is that this benefit is often available for the asking. When the parties are feeling friendly and there are no disputes on the horizon, a contract provision that awards attorneys fees when a litigant has to go to court to collect money or assert other contractual rights will often attract no attention at all. It may even seem fair to the adverse party, who thinks that such a circumstances is so remote that it doesn’t matter.
