It sometimes happens that a party to a contract discovers that he has agreed to something that is not is his personal or financial best interests. He might try to claim that he didn’t read or didn’t understand the contract so the contract isn’t enforceable against him. This article is an examination of Alabama caselaw on the question of whether a contract is binding and enforceable when a party claims to have misunderstood it. Can you be bound to a contract you didn’t understand? Let’s start with the basic principle of why we put contracts in writing in the first...
If you’ve ever been zip-lining or whitewater rafting, you have likely had to sign some sort or waiver or release. Did you stop to wonder whether it’s enforceable if you were to get hurt? Would you actually have signed away your rights to make a claims against someone? As with all good legal questions, the answer is it depends. These types of releases can be enforceable in Alabama, but as to whether any particular pre-injury release is enforceable, it will hinge on the language of the contract itself. Pre-Injury Releases In Alabama, parties may execute an agreement that will release claims...
TLIG Maintenance Services, Inc. v. Fialkowski – Mental anguish claims in a home construction and repair case are only proper in severe circumstances, where the home has been made uninhabitable.
Steve Evans v. W.G. Waldrop – A landlord has not acted unreasonably by refusing to allow the sublease of a commercial property based on the objections of other tenants to the nature of the proposed occupancy.
John Boman v. City of Gadsden – An employee handbook can create a contract between employer and employee, but the contract does not extend to matters not addressed in the handbook.
An Alabama Supreme Court decision touching on reformation of contracts and applying verdict setoffs.
An Alabama Supreme Court decision touching on extra-contractual oral representations and a party’s reliance on same.