Duty of Good Faith and Fair Dealing (Kansas)
“He’s not negotiating in good faith”, one often hears. This may be heard in connection with an absurdly low offer made to purchase an asset, such as a commercial office building, single family residence, or an automobile, or when parties are attempting to settle a claim. The law in Kansas regarding good faith and fair […]
Unenforceable Contracts In Kansas
It may seem inapposite for an agreement to be made between competent parties and that agreement to be subsequently rendered worthless by a court of law. The fact that a court has such power surprises many. Some are relieved to learn of this authority when found on the losing end of a deal. Others are […]
Lesser-Known Risk When Drafting a Contract (Kansas)
Writing a contract may appear so simple to some business people that little risk is evident in so doing. An urge to move things ahead, accomplish a task, or close a deal propels a person to get on his computer, retrieve some sort of template, and start making tweaks to it based on the perceivingly […]
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]