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All about contract disputes, including how to avoid them – part 3

All about contract disputes, including how to avoid them – part 3

If the breaching party willfully broke the contract, or if the breach resulted from deceit, unfair dealing, or fraud, then the court will likely find the breach material. On the other hand, if the breach was due to circumstances beyond the control of the breaching party, the court will be less likely to find the breach material.

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All about contract disputes, including how to avoid them – part 2

All about contract disputes, including how to avoid them – part 2

But how do courts determine what constitutes a material breach of contract? They refer to a legal treatise called the Restatement (Second) of the Law of Contracts. Completed in 1979, this treatise is one of the most frequently cited in the entire United States justice system – every first year law student in the country learns about it. In combination with the Uniform Commercial Code, the Restatement governs all contracts and sets out the following criteria for a material breach of contract.

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All about contract disputes, including how to avoid them – part 1

All about contract disputes, including how to avoid them – part 1

We all try to avoid becoming involved in contract disputes, whether as an individual or a business. Unfortunately, that’s not always possible. If you’re dealing with a breach of contract, a contract dispute is sometimes the only way to ensure that your interests are protected. First, let’s learn a bit more about contracts and contract disputes. Then we’ll take a look at some tips for avoiding them in the first place.

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Resolving Business Disputes Through Mediation

Resolving Business Disputes Through Mediation

The question is, when a business dispute arises, what is the best way to proceed? When handled poorly, business disputes can destroy reputations as well as companies. Some business disputes are always going to end up in a courtroom. However, in some cases, mediation is a more effective strategy.

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Foreclosure in the News

Foreclosure in the News

Foreclosure has been in the news a few times lately. First, Black Knight Financial Services released a new report. They found that rates of foreclosure dropped to their lowest level in ten years last month. While this is certainly good news, and a reflection of the recovery we’ve seen in the real estate market since the great recession, it didn’t do much for the nearly 400,000 Americans currently facing foreclosure.

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Child Custody, Visitation, and Support

Child Custody, Visitation, and Support

There are three issues pertaining to child custody in New Mexico – legal custody, physical custody, and visitation. If you need a rundown on the differences between legal and physical custody, head over to our child custody page.

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