Application of the “Commercial Common Sense Test” in Contract Disputes

By Tod C. Gurney | Published April 17, 2017 | Posted in Commercial Common Sense Test, Contract Disputes, Contracts, Uncategorized | Tagged Tags: Breach of Contract, Business, Commercial Common Sense Test, Contracts | Leave a comment

When it comes to commercial contract disputes, there is a lot that a judge will consider before making any determinations. One factor a judge will consider is whether or not the terms of the contract are clear and unambiguous. While this might seem obvious, many contracts contain provisions that read in such a way as Read More

Top 10 Reasons Real Estate Agents Get Sued

By Tod C. Gurney | Published June 29, 2016 | Posted in Civil Litigation, Contracts, Real Estate | Tagged Tags: Breach of Contract, civil litigation, commercial real estate, Real estate | Leave a comment

In 2008, right before the housing market crashed, a middle-aged couple in Carlsbad, California sued their real estate agent for misrepresenting their home’s value. They bought the home for $1.2 million at the height of the housing boom, but the housing market crash was soon to follow and many homes in their neighborhood were selling Read More

Negotiating Union Contracts

By Melinda Garcia | Published December 30, 2015 | Posted in Contracts, Union Contracts | Tagged Tags: Breach of Contract, Union Contracts, Unions | Leave a comment

One of the last things an employer wants to hear is that its labor force has decided to strike. Images of picket lines and lost customers float through the minds of the Board and executive officers, while profits are threatened. One major cause of a strike is a breakdown in contract negotiations between the company’s Read More

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