TINA WYSKCommercial Litigation Attorney

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Contracts & Breach of Contract

When a customer, vendor or counterparty does not do what the contract says: proving the breach, the damages Texas allows, deadlines, fees and defenses.

28 guides on contracts & breach of contract, page 2 of 4Showing 10 to 18

Contracts & Breach of Contract Can I Sue Someone for Breaking a Contract in Texas? Yes, if a valid contract existed, you performed, the other side did not, and you lost money. Harder questions: what you can recover, where you sue, and whether it is worth it. 4 min readDraft Contracts & Breach of Contract Can My Company Terminate a Contract Early Without Getting Sued? Only if the contract gives you an exit, the other side materially breached, or you negotiate a release. Otherwise leaving early is a breach, and the question is what it costs. 6 min readDraft Contracts & Breach of Contract Common Defenses When Your Business Is Accused of Breaching a Contract The strongest defenses attack the claimant's case: no valid contract, no breach, the claimant breached first, or no damages. Then the affirmative defenses, pleaded or lost. 7 min readDraft Contracts & Breach of Contract Does Texas Recognize a Duty of Good Faith in Business Contracts? Generally no. Texas does not imply a duty of good faith and fair dealing into ordinary contracts. It exists in special relationships, UCC sales of goods and express clauses. 6 min readDraft Contracts & Breach of Contract How Long Do I Have to Sue for Breach of Contract in Texas? Four years from the breach for most Texas contract claims, written or oral. Sales of goods have their own four-year rule, and a contract can shorten it, not below two years. 5 min readDraft Contracts & Breach of Contract I Won a Judgment Against a Business. How Do I Collect in Texas? A judgment is a right to collect, not a payment. Texas gives a creditor five tools: abstract, discovery, execution, garnishment and turnover. A business has no exemptions. 6 min readDraft Contracts & Breach of Contract Indemnification Clause Disputes: Who Pays When Something Goes Wrong? The clause's words decide, under two Texas rules: indemnity for another's own negligence must be express and conspicuous, and in construction it is void for the indemnitee's fault. 7 min readDraft Contracts & Breach of Contract Is a Verbal Business Agreement Enforceable in Texas? Usually yes. Texas enforces oral contracts unless the statute of frauds requires a writing, such as real estate sales, agreements over one year, or loans above $50,000. 6 min readDraft Contracts & Breach of Contract Material Breach vs. Minor Breach: Can I Stop Performing? Only a material breach excuses your performance. If the other side's failure was minor, you must keep performing and sue for damages. Guessing wrong makes you the breaching party. 6 min readDraft
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