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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What is acceptance?
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 communicated properly, and occur within any stated time limits or reasonable time. This article explains what counts as valid acceptance, common pitfalls, and key contract-law exceptions. Understanding Contract Acceptance When […]
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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 an offer?
An offer is a definite proposal by an offeror that creates the power of acceptance in the offeree and can form a contract when accepted. It must show clear intent to be legally bound and include reasonably certain terms. This article explains the basics of offers, key elements, and how they differ from invitations to […]
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What is a spendthrift trust?
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 when and how funds are paid out, helping protect inheritances from poor money management and creditor claims. This article explains how it works, key benefits, and common limitations. A spendthrift […]
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What is conservatorship?
A conservatorship is a court-ordered arrangement that appoints 1 conservator to manage the personal and/or financial affairs of an adult who can’t do so safely. It’s typically used when illness, disability, or age-related decline prevents informed decision-making and requires court oversight. This article explains how conservatorships work, who can petition, and key alternatives. A conservatorship […]
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What is a special needs trust?
A special needs trust is a trust that holds assets for a person with a disability so they can keep means-tested benefits like SSI and Medicaid. It lets funds pay for supplemental needs (e.g., therapies, education, transportation) without being counted as the beneficiary’s resources. This article explains how special needs trusts work, common funding sources, […]
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What is a codicil?
A codicil is a written legal amendment to an existing will that changes, adds, or revokes specific provisions without replacing the entire document. It must generally be executed with the same formalities as a will—such as proper signing and witnessing—to be valid under state law. This article explains what a codicil is, when to use […]
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What is an undue influence claim?
An undue influence claim alleges that someone used manipulation or pressure to override another person’s free will—often affecting a will, trust, or major financial decision. It commonly arises when a vulnerable person is isolated or dependent and a trusted individual benefits unexpectedly. This article explains the legal elements, red flags and evidence, who can file, […]
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