Act of nature, also known as act of God, is an event that is caused solely by the forces of nature without human intervention. Any accident that is not under human control, influence, or human involvement, and is caused purely by the direct,...
contracts
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Facts
In April 2009, Atlantic Marine Construction Company (“Atlantic”) entered into a construction contract with the Army Corps of Engineers to build a child development center at Fort Hood, Texas. See In re Atl. Constr. Co., 701 F.3d 736, 737 (5th Cir...
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In Harrisburg, Pennsylvania, a state police officer pulled petitioner Terrence Byrd over for violating a state driving law. United States v. Byrd at 2. The police officer, eventually accompanied by another officer, found that Byrd was driving a rental...
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Contra proferentem is a rule of contract interpretation that states an ambiguous contract term should be construed against the drafter of the contract. The term contra proferentem is derived from a Latin phrase meaning “against the offeror...
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In September 2008, Amy Imburgia and a class of litigants filed a class action complaint against DIRECTV in California Superior Court, alleging violations of state contract law after receiving a series of early termination fees following the...
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The Court here considers three consolidated cases: Epic Systems Corp. v. Lewis, Ernst & Young, LLP v. Morris, et al., and National Labor Relations Board (“NLRB”) v. Murphy Oil USA, Inc. Epic Systems, Ernst & Young, and Murphy Oil (“Employers”)...
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In law, the term "equity" refers to a particular set of remedies and associated procedures involved with civil law. These equitable doctrines and procedures are distinguished from "legal" ones. While legal remedies typically involve monetary...
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An express contract is an exchange of promises where terms by which the parties agree to be bound are declared either orally or in writing, or a combination of both, at the time it is made.
Required ComponentsWhether oral...
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Extrinsic evidence, as used in the context of contract construction, is evidence relating to a contract but not appearing on the four corners of the contract because it comes from other sources involving the setting in which the parties...
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Fraudulent misrepresentation is a tort claim, typically arising in the field of contract law, that occurs when a defendant makes a intentional or reckless misrepresentation of fact or opinion with the intention to coerce a party into action...