When multiple parties claim the same money, property, or legal obligation, disputes can become difficult for the party holding the asset. Rather than deciding which claimant is entitled to receive it, that party may ask the court to resolve the…

Many contracts include provisions that specify the amount one party may owe if certain contractual obligations are not fulfilled. When disputes arise over these clauses, courts carefully examine the agreement and the surrounding circumstances to determine how the provision should…

Contracts generally require more than a promise alone to create a legally enforceable agreement. When disputes arise, courts may examine whether legally sufficient consideration exists before determining whether the contract can be enforced. Understanding how courts determine whether consideration is…

Not every breach of contract has the same legal significance. In some situations, a breach may be considered material, meaning it substantially affects the rights and obligations created by the agreement. When disputes arise, courts evaluate the specific facts to…

Legal rights are often protected by statutes, contracts, or established legal principles. However, in certain situations, a person or business may voluntarily give up a legal right through their words, actions, or conduct. When disputes arise, courts evaluate whether a…

Many people assume that a promise cannot be enforced unless it is included in a written contract. While written agreements often provide the clearest evidence of the parties’ intentions, there are limited situations in which a promise may still have…

Quiet title claims are legal actions used to resolve disputes over the ownership or interest in real property. These claims seek a court determination regarding the rights of the parties so that uncertainty surrounding title to the property can be…

Abuse of process claims involve allegations that legal procedures were used for an improper purpose rather than to resolve a legitimate dispute. Unlike claims that challenge whether a lawsuit should have been filed in the first place, abuse of process…

Disputes involving noise, odors, smoke, vibrations, flooding, or other ongoing interferences can sometimes lead to nuisance claims in civil court. These cases generally focus on whether a person’s use of property has unlawfully interfered with another person’s ability to use…

A breach of fiduciary duty claim arises when one party alleges that another violated a legal obligation that exists because of a relationship of trust and confidence. These claims often arise in business disputes, trust and estate matters, corporate governance,…