In recent blogs, we have tried to convey the fact that contract formation can be quite complex. We’ve explored the nuances of contractual elements (i.e. offer, acceptance, consideration, legality, capacity, and writing), as well as other theories which inform contract law. Business owners need to commit at least some amount of energy to learning the...
Over time, you might find occasion, as a business owner, to send a cease-and-desist letter to those you feel are depriving you of a certain right. It is not out of the question for you, at some point in time, to receive one yourself. You are aware that cease-and-desist letters are not indicators that everything...
Recently, we discussed the concept of unconscionability in the context of contract formation. As we saw, unconscionability is something which can potentially overturn a contract which otherwise appears to be valid. Understanding unconscionability is a good way for businesspeople to get a sense of the complexity of contracts. When you form a contract, not only do...
Recently, we discussed the elements of contracts in our blog post on contract formation. As we mentioned, it is important that businesspeople have at least a basic understanding of contract law and contract formation. Equipping themselves with this type of knowledge will make business professionals much more effective when it comes to contract negotiation, communication...
It’s not entirely common, but sometimes, a lawsuit against a business or business owner seems to almost fall out of the sky. More times than not, though, there are indications that a particular dispute a business is embroiled in is headed toward litigation. If you only recently became an entrepreneur, it might be more difficult...
The process by which a potential franchisee officially becomes a member of a franchisor’s team is a thorough affair; a comprehensive franchise agreement, which addresses nearly every pertinent issue and contingency, is signed by both parties. Generally, the franchisee knows what he or she is getting into, and there is usually harmony. Because of the...
What are the two types of Franchises? Becoming a franchisee is often a good choice for entrepreneurs starting out. Franchises give business owners the opportunity to see how they like running their own operation while being given plenty of support through established brands, products, services, and processes. Some people assume that all franchises are, essentially,...
No business owner wants to face a lawsuit. The good news is that you can proactively take steps to lower your liability and reduce your risk. In this blog entry, we’re going to discuss several essential protections that every business should have in place. Ways To Reduce Liability Risks Below are a few methods to...