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Jeremy W. RichterJeremy W. Richter
Jeremy W. RichterJeremy W. Richter
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Contracts

Is a Contract Enforceable When One Party Claims to Have Misunderstood It?

Is a Contract Enforceable When One Party Claims to Have Misunderstood It?

Sep 13, 2018

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...

Are Pre-Injury Releases and Waivers Enforceable in Alabama?

Are Pre-Injury Releases and Waivers Enforceable in Alabama?

Apr 9, 2018

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...

Mental Anguish Damages for Home Construction Problems

Mental Anguish Damages for Home Construction Problems

Oct 24, 2016

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.

When to Withhold Consent to Sublet a Commercial Property

When to Withhold Consent to Sublet a Commercial Property

Oct 10, 2016

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.

Former Employer’s Refusal to Provide Retiree Health Benefits

Sep 19, 2016

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.

Contract Reformation and Mutual Mistake of the Parties

Jun 6, 2016

An Alabama Supreme Court decision touching on reformation of contracts and applying verdict setoffs.

Relying on Extra-Contractual Oral Representations

Feb 18, 2016

An Alabama Supreme Court decision touching on extra-contractual oral representations and a party’s reliance on same.

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