Implied Covenant of Good Faith: The Silent Term in Every ContractFrom Kirke La Shelle v. Armstrong to Employment Terminations I. Introduction: The Unspoken Promise in Contractual Relationships In the architecture of contract law, much attention is devoted to express terms—those commitments clearly articulated and mutually assented to by the parties. Read more…
Unconscionability: When Is a Contract Too Unfair to Enforce? In the realm of contract law, the doctrine of unconscionability operates as a moral and legal safeguard against exploitative bargains. A principle derived from equity, unconscionability challenges the assumption that all contracts are the result of equal bargaining power and informed Read more…
Startup Legal Mistakes: 5 Contracts You Should Never SkipAn Essay on the Foundational Legal Architecture of New Ventures In the passionate and fast-paced world of startups, legal considerations are often eclipsed by innovation, funding ambitions, and the race to market. Yet, the legal architecture of a business is as critical Read more…
Meeting of the Minds in Contract Law: An Evolving Doctrine of Consent Introduction In the heart of contract law lies a principle that has long been revered as the cornerstone of mutual agreement: the meeting of the minds. Historically considered the very essence of contractual formation, this doctrine captures the Read more…
Novation in Contract Law: A Legal Mechanism of Substitution and Discharge Introduction In the dynamic field of contract law, the doctrine of novation plays a crucial role in adapting contractual relationships to new circumstances without resorting to termination and reformation. A novation enables the replacement of one party or contractual Read more…
Types of Contract Disputes: A Legal Examination Contract law is a foundational component of both civil and common law systems, structuring private agreements and ensuring predictability in legal obligations. However, despite the intent of parties to create binding and mutually beneficial arrangements, disputes often arise concerning the formation, interpretation, performance, Read more…
The Statute of Frauds: A Legal Safeguard Against Fraudulent Claims The Statute of Frauds is a legal doctrine that requires certain types of contracts to be in writing to be enforceable. Its primary purpose is to prevent fraudulent claims and misunderstandings by ensuring that significant agreements are properly documented. Originating Read more…
Legal Impediment in Contract Law What is a legal impediment? Contract law serves as the foundation for commercial and private agreements, ensuring that parties adhere to their promises. However, not all agreements can be legally enforced. Legal impediments in contract law refer to barriers that prevent an agreement from being Read more…
Accord and Satisfaction: A Legal and Conceptual Analysis Accord and satisfaction is a legal doctrine that serves as a method for resolving disputes and discharging contractual obligations. It is commonly used in contract law, debt settlements, and tort claims. The principle allows parties to alter their existing obligations through mutual Read more…