How Do Adequate Assurances Work? A party to a contract who has reasonable grounds to be concerned that the other party might not perform can request adequate assurances of damages from the other party. If this occurs the party being asked to provide an adequate assurance must do so within a reasonable amount of time …
Month: September 2021
If a suit is filed in state court, it can be removed (this just means changed) to federal court under certain circumstances. Rules of Removal The case must have been eligible to be brought in federal court originally. This means that it satisfies either diversity jurisdiction or federal question jurisdiction. Only a defendant is allowed …
What Is Nuisance? The tort of nuisance involves the defendant causing a substantial and unreasonable interference with the use and enjoyment of the plaintiff’s property. Requirement For a Successful Nuisance Claim: The activity in question must be something that would affect an “ordinary person” with ordinary sensibilities, an ordinary schedule, and so forth. Example: Because …
I have seen the topic of government takings under both Constitutional Law and Property. What Is a Government Taking? The government is allowed to take private property if it’s used for some public purpose. In some instances the private property owner is entitled to just compensation (usually the fair market value of the property). In …
Overview When a contract is breached, the non-breaching party still has a duty to make reasonable efforts to mitigate (a fancy word for lessen or control) damages caused by the breach (if applicable). The non-breaching party will NOT be able to recover for damages that could have reasonably been avoided, even if the damages were …
Overview If a plaintiff is injured because the defendant was engaging in an activity deemed to be abnormally dangerous, the plaintiff can bring a strict liability action against the defendant. This means that the person or persons engaging in the abnormally dangerous activity are liable for any injuries this activity causes, even if the defendant …