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Author: Matthew T. Kincaid

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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Damages from Contract Breaches in Kansas

In our last blog post about contract law, we wrote about breaches of contract in Kansas, reviewing the five elements a plaintiff must prove to win its case.  Prior thereto, we wrote about interpreting written contracts in Kansas, discussing the importance of the parties’ intent and the legal concept of ambiguity.  We hereby continue with […]

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Breaches of Contract in Kansas

In our last blog post about contract law, we wrote about the interpretation of written contracts in Kansas, discussing the importance of the parties’ intent and the legal concept of ambiguity.  That post is fundamental in building a person’s understanding of Kansas contract law. We continue with the basics of Kansas contract law in this […]

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What Are the Potential Benefits to Filing a Federal Trademark Application?

In our last blog post about trademark law, we considered whether non-lawyers may act as representatives before the USPTO.  After reading that post, you now understand that a trademark representative must be a licensed attorney or a person working on behalf of himself.  Individuals who are not attorneys are not recognized to practice before the USPTO […]

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One Property, Multiple Owners: A Method to Resolve Major Disagreements Concerning Jointly Owned Real Estate

In our last blog post, we considered whether a person should use an attorney or a real estate agent to help buy or sell a home.  After reading that post, you now understand that there is no universally correct answer: real estate attorneys and real estate agents serve different roles, with each bringing different skills […]

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Should You Use an Attorney or a Real Estate Agent to Sell or Purchase Your Home?

In our last blog post, we wrote about the relationship between deeds and real estate contracts, explaining the merger doctrine.  After reading that post, you now understand that the particular language of a real estate contract and the subsequent deed of conveyance is of utmost importance.  Getting a professional to prepare those for you, as […]

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Real Estate Contracts vs. Real Estate Deeds: Does One Trump the Other?

In our last blog post about real estate law, we wrote about deeds, breaking down some of the similarities and differences between warranty deeds and quitclaim deeds.  After reading that post, you now know that deeds are an essential component of any real property sale whether of a commercial, residential, or agricultural nature.  You might […]

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