A quasi-contract is a court-imposed legal obligation requiring someone to repay a benefit they unfairly received, even when no valid contract exists. It’s used to prevent unjust enrichment—such as when services or goods are accepted without an agreed price or when a payment is made by mistake. This article explains the definition, key elements, common […]
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What is a void contract?
A void contract is an agreement that is legally unenforceable from the start, as if it never existed. It typically occurs when a deal violates the law or public policy, or lacks an essential element like lawful purpose or competent parties. This article explains common reasons contracts are void, how void contracts differ from voidable […]
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What is liquidated damages?
Liquidated damages are a pre-agreed dollar amount in a contract that one party must pay if they breach, when actual losses would be hard to calculate. Courts generally enforce them if they’re a reasonable estimate of expected harm at the time of contracting, not a penalty. This article explains how liquidated damages clauses work, when […]
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What is promissory estoppel?
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 confidentiality agreement?
A confidentiality agreement (NDA) is a legally binding contract between two or more parties that requires certain shared information to be kept secret. It defines what information is confidential, how it may be used, who may access it, and what happens if it’s disclosed. This article explains key terms, common uses, and how NDAs are […]
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What is an employment contract?
An employment contract is a written or verbal agreement that sets the terms of a job—such as pay, duties, hours, and termination rules—between an employer and an employee. In most cases, it becomes enforceable once both sides accept the offer and begin work, even if nothing is signed. This article explains what employment contracts include, […]
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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 rescission?
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. It may be available for fraud, misrepresentation, mistake, duress, or other legal defects. This article explains what contract rescission is, when it applies, and what happens after rescission. Rescission is […]
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What is contract reformation?
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 to mistake or fraud. It corrects the document’s wording rather than canceling the deal or awarding damages. This article explains when reformation applies, what proof is required, and common examples. […]
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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 a material breach?
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 further performance and may allow damages or termination. This article explains how courts distinguish material vs minor breaches and what remedies apply. Understanding Material Breach in Contract Law A material […]
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