Jack Gilbert

Consumer Protection Law Contract Law Real Estate Law

What is rescission?

March 26, 2026

Rescission is a legal remedy that cancels a contract and restores both parties to their pre-contract positions, treating the agreement as if it never existed....

Read More →

Business Litigation Contract Law Real Estate Law

What is contract reformation?

March 26, 2026

Contract reformation is an equitable remedy where a court changes a written contract to match the parties’ actual agreement when the text is wrong due...

Read More →

Contract Law Corporate Law Insurance Law

What is an indemnification clause?

March 26, 2026

An indemnification clause is a contract term where one party agrees to reimburse the other for specified losses, often including damages and attorney’s fees. It...

Read More →

Business Law Commercial Litigation Contract Law

What is anticipatory breach?

March 26, 2026

Anticipatory breach (anticipatory repudiation) happens when one party clearly indicates before the due date that they will not perform the contract. This lets the non-breaching...

Read More →

Business Litigation Commercial Litigation Contract Law

What is a material breach?

March 26, 2026

A material breach is a substantial failure to perform a contract term that defeats the contract’s main purpose. It typically excuses the non-breaching party from...

Read More →

Business Litigation Contract Law Real Estate Law

What is specific performance?

March 26, 2026

Specific performance is an equitable court order that requires a breaching party to perform the exact contract promise instead of paying damages. Courts typically grant...

Read More →

Business Litigation Contract Law Media & Entertainment Law

What is acceptance?

March 26, 2026

Acceptance is the unconditional agreement to an offer’s terms that turns it into a binding contract between two parties. It must match the offer, be...

Read More →

Business Law Civil Litigation Contract Law

What is consideration?

March 26, 2026

Consideration is the bargained-for exchange of something of legal value between the parties, and it’s required for most enforceable contracts. It can be money, services,...

Read More →

Business Law Contract Law Employment Law

What is mutual assent?

March 26, 2026

Mutual assent is the agreement of both parties to the same contract terms through a valid offer and acceptance. Courts look for objective evidence—words, conduct,...

Read More →

Business Law Commercial Litigation Contract Law

What is breach of contract?

March 26, 2026

A breach of contract occurs when one party fails to perform a promised duty under a valid agreement, including written or oral contracts. The non-breaching...

Read More →

Elder Law Estate Planning Trusts and Estates

What is a spendthrift trust?

March 26, 2026

A spendthrift trust is an estate planning trust that restricts distributions and generally prevents most creditors from reaching a beneficiary’s trust interest. A trustee controls...

Read More →

Business Law Civil Litigation Contract Law

What is a contract?

March 26, 2026

A contract is a legally enforceable agreement between 2 or more parties. It’s formed when key elements like offer, acceptance, and consideration are present, creating...

Read More →