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Author: Matthew T. Kincaid

Contract Law Rescission (Kansas)

The application of contracts to business takes no prisoners.  Take a look across some of the professions, for example.  Physicians have their patients sign informed consent forms prior to surgical procedures.  Lawyers have their clients sign engagement letters or fee agreements.  Engineers and architects have their clients sign professional services agreements.  Accountants or CPAs use […]

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Contract Law Reformation (Kansas)

Whether one loves or hates them, contracts are woven into the fabric of American commerce.  Think about the process of buying a home, a car, or even a dog.  You’ll be asked to read and sign one or more pieces of paper reflecting the terms of the deal, such as the purchase price, payment terms, […]

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Are Operating Agreements Required For Kansas LLCs?

Yes, operating agreements are required for Kansas limited liability companies.  Read on to explore this topic in greater detail.   As we wrote more than a year ago, forming an LLC is not easy.  Those who have a contrary opinion can be found in places near and far, including in Facebook groups dedicated to various different […]

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Ambiguity In Kansas Real Estate Contracts

Ambiguity In Kansas Real Estate Contracts

In the field of real estate, contracts are made all of the time.  Real estate attorneys see and write contracts for lease and sublease, contracts for sale, contracts for purchase, and other types of real estate contracts.  Contracts are perhaps the physically flimsiest but practically strongest underpinning of all real estate transactions as we know […]

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Attorney’s Fees Clauses Are Enforceable in Kansas Commercial Leases

Attorney’s Fees Clauses Are Enforceable in Kansas Commercial Leases

Commercial leases in the state of Kansas, not unlike the rest of the nation, are entered into on a routine basis.  With the massive land area that makes up the overwhelming majority of the total size of Kansas, there is plenty of terrain to support office buildings, industrial properties, and strip shopping centers.  Some of […]

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Purchasing Recreational Real Estate in Kansas and Missouri

Purchasing Recreational Real Estate in Kansas and Missouri

Aside from life’s most precious moments, there may be no greater joy than that evoked when a person walks through his own land.  The feelings of complete freedom and autonomy are overwhelmingly positive, perhaps intoxicating.  One can look out and see rows of trees, open fields, and blue skies; hear the sounds of a gentle […]

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Forming an LLC Is Not Easy: Business Names & Trademark Law

Over the years, this author has heard time and time again about how “easy” it is to form an LLC.  “You can do it online yourself,” many say.  “It just takes a few minutes and a few clicks and then you’re in business.”  Sometimes free advice is worth far more than what one pays for […]

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Kansas Residential Lease Agreements

Kansas Residential Lease Agreements

In our last blog post about contract law, we wrote about implied contract terms in Kansas, showing our readers that a warranty of workmanlike performance is implied in every service contract in which no express warranty is provided.  This may have come as a surprise to Kansans who frequently make oral agreements, handshake agreements, or […]

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Implied Contract Terms In Kansas

Implied Contract Terms In Kansas

In our last blog post about contract law, we wrote about fundamental contract principles in Kansas, dispelling the myth that a “meeting of the minds” has anything to do with what secret thoughts are taking in a person’s head but, instead, refers to objective or manifested intentions and outward communications or expressions.  Now hang tight […]

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Fundamental Contract Principles (Kansas)

In our last blog post about contract law, we wrote about damages from contract breaches in Kansas, introducing the concept of foreseeability as a limiting factor in determining damages for a breach of contract.  Prior thereto, we similarly wrote about breaches of contract in Kansas, discussing the five elements of a Kansas breach of contract […]

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