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 3 of 4Showing 19 to 27

Contracts & Breach of Contract My Business Was Sued for Breach of Contract. What Happens Next? Calendar the answer deadline first: in Texas state court, 10:00 a.m. on the Monday after 20 days from service. Then preserve documents, notify your insurer, call a litigator. 6 min readDraft Contracts & Breach of Contract My Vendor or Supplier Breached Our Contract. What Are My Options? Reject or revoke nonconforming goods, give the notice the UCC requires, replace the performance and claim the difference, and read the remedy clause before withholding payment. 6 min readDraft Contracts & Breach of Contract Our Contract Says Disputes Go to Another State. Does That Clause Hold Up? Usually, yes. Texas enforces forum-selection clauses unless the resisting party proves a strong reason not to, and honors choice-of-law clauses with few exceptions. Venue differs. 6 min readDraft Contracts & Breach of Contract Sale of Goods Disputes in Texas: How the UCC Changes a Contract Case When a contract is mostly about goods, Business and Commerce Code chapter 2 supplies the rules: the $500 writing threshold, battle of the forms, rejection, cure and set remedies. 7 min readDraft Contracts & Breach of Contract Someone Interfered With My Contract. Tortious Interference in Texas You may have a tort claim against the outsider. Texas requires an existing contract, a willful act of interference, causation and damage. Unsigned deals need wrongful conduct. 6 min readDraft Contracts & Breach of Contract The Other Side Says They Will Not Perform. What Can I Do Now? A clear, unconditional refusal to perform before the due date is a repudiation. Texas lets you treat it as a breach now, stop performing, and sue or cover. 6 min readDraft Contracts & Breach of Contract What Damages Can a Business Recover for Breach of Contract in Texas? The benefit of the bargain: the value of the promised performance, plus foreseeable consequential losses proved with reasonable certainty, interest and fees. No punitive damages. 6 min readDraft Contracts & Breach of Contract What If a Contract Has No Termination Clause? It depends on whether the contract has a term. A fixed term runs to its end. Continuing performance with no stated duration can be ended by either side on reasonable notice. 6 min readDraft Contracts & Breach of Contract What You Have to Prove in a Texas Breach of Contract Case Four things: a valid contract, that you performed or offered to, that the other side failed to perform, and that the failure caused you a measurable loss. Each has its own proof. 5 min readDraft
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