Unjust enrichment occurs when someone benefits at another’s expense and keeping that benefit would be unfair under the law, even without a contract. Courts may require repayment or return of the benefit to prevent an inequitable “windfall.” This article explains the legal elements of unjust enrichment, common examples, available remedies, and key defenses. Unjust enrichment […]
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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 non-disclosure agreement?
A non-disclosure agreement (NDA) is a written contract between at least two parties that legally requires confidential information to stay private. It’s commonly used in business deals, employment, and invention discussions to prevent unauthorized sharing and enable legal remedies if breached. This article explains what NDAs are, key terms, and when to use one. Understanding […]
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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 arbitration clause?
An arbitration clause is a contract provision that requires disputes be decided by 1 private arbitrator (or panel) instead of a court. It typically limits access to a judge or jury and sets rules for filing, fees, and the process. This article explains how arbitration clauses work, common pros and cons, and when they may […]
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What is a non-compete agreement?
A non-compete agreement is a contract that restricts an employee from working for a competitor or starting a competing business for a set time after leaving (often 6–24 months). Employers use it to protect trade secrets, customer relationships, and competitive advantage, but enforceability depends on state law and reasonableness. This article explains the key components, […]
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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 specific performance?
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 it when money can’t adequately compensate, such as in unique real estate or one-of-a-kind goods contracts. This article explains how specific performance works, when it’s available, and key limits and […]
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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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