Promissory estoppel is a legal doctrine that can enforce a promise even without a formal contract when someone reasonably relies on it and suffers harm as a result. Courts typically look for a clear promise, foreseeable and reasonable reliance, and an injustice that can only be avoided by enforcing the promise. This article explains the […]
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What is a force majeure clause?
A force majeure clause is a contract term that can excuse performance and limit liability when extraordinary, uncontrollable events make obligations impossible or impracticable. It typically covers events like natural disasters, war, government actions, or pandemics, depending on the clause’s wording and governing law. This article explains what qualifies as force majeure, common examples, and […]
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What is an indemnification clause?
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 allocates risk by shifting financial responsibility for certain claims tied to the indemnitor’s actions or breaches. This article explains how indemnification clauses work, key components, and common negotiation issues. An […]
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What is anticipatory breach?
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 party treat the contract as breached immediately and pursue remedies instead of waiting for the deadline. This article explains what qualifies as a clear repudiation, examples, and available legal options. […]
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What is consideration?
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, goods, or a promise to do (or not do) something in return. This article explains what qualifies as consideration, common examples, and major exceptions like gifts and past consideration. When […]
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What is mutual assent?
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, and the surrounding circumstances—showing a “meeting of the minds.” This article explains how mutual assent is formed, proven, and challenged in contract disputes. Understanding Mutual Assent in Contract Law Mutual […]
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What is breach of contract?
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 party may seek legal remedies such as damages or specific performance, depending on the breach and terms. This article explains contract basics, types of breach, and common legal options. A […]
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What is a contract?
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 duties the law can enforce. This article explains the basics, common examples, and when a contract becomes binding. Understanding the Basics of Contracts A contract is simply an agreement between […]
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What is a retainer?
A retainer is an upfront fee paid to a lawyer to secure their services, often deposited into a client trust account and billed against as work is performed. Depending on the agreement, it may be refundable (unused funds returned) or nonrefundable as an availability or engagement fee. This article explains common retainer types, how retainers […]
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What is a cease and desist letter?
A cease and desist letter is a written legal notice demanding a person or business stop a specific action that violates your rights. It often serves as a last warning before filing a lawsuit and can resolve disputes without court. This article explains what it does, when to use it, and what to include. A […]
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Fixed-Fee CPA Services and Legal Compliance for Small Businesses
Fixed-fee CPA services typically cost a predictable monthly retainer instead of hourly billing. That certainty helps small businesses stay current on bookkeeping, payroll, and tax filings, reducing late-filing and penalty risk. This article explains how fixed-fee pricing supports legal compliance and better risk management. By Brandon Lockhart, CPA | Lockhart & Powell CPAs For most […]
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What Documents Do You Need to Start a C-Corporation?
To start a C-corporation, you typically need 7 core documents: Articles of Incorporation, corporate bylaws, an EIN application (Form SS-4), initial board consent/minutes, a stock issuance record, a registered agent filing, and required state/local licenses. Requirements vary by state and whether you plan to raise outside capital. This article lists each document, who prepares it, […]
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