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Contact an Experienced Alexandria Business Dispute Lawyer If you have entered into a contract, rescission — an equitable remedy at-law — may be a pathway to moving forward and avoiding the hassle of extensive litigation surrounding a contract dispute.  Contract rescission can be rather confusing for those who are not familiar with the concept. Let’s explore the basics. What is Contract Rescission? Rescission is an equitable, discretionary remedy available to contracting parties who are…
Experienced Alexandria Business Dispute Lawyer If you’ve breached a contract, then you could be exposed to significant civil damage liability as a result.  When defending against a breach of contract claim, however, it’s important to understand that there are a variety of ways in which you can avoid liability. One common defense strategy is to assert that the plaintiff made material misrepresentations relating to the contract, thus invalidating it.  An invalid contract is simply…
Experienced Alexandria Business Dispute Lawyer Contracts are not always fair or reasonable.  If you are involved in litigation over a contract that may be invalid due to fundamental unfairness (i.e., unconscionability), then we encourage you to contact Harvey & Binnall, PLLC for further guidance on how to proceed. Unconscionable Contract Provisions Unconscionable contract provisions are invalid and unenforceable by law.  A provision will be deemed unconscionable if it is unjust, one-sided, or oppressive in nature. …
If you’ve been accused of or charged with perjury, then you could be facing significant criminal penalties.  Perjury is a felony, and depending on the jurisdiction, you could be facing a sentence of up to five or ten years imprisonment. What is Perjury? Though definitions may vary slightly from jurisdiction-to-jurisdiction, more generally, the crime of perjury can be defined as making a false statement (under oath or through signed legal documentation) that has a material…
If you have sustained losses due to a breach of contract, then — depending on the particular structure of the contract — you may find that the defendant attempts to avoid liability by arguing that you failed to satisfy some condition precedent necessary for the contract obligations to trigger. Given the complications typical of this defense (and various other defenses that may be asserted), it’s important that you get in touch with a qualified…
If you have sustained damages in a breach of contract scenario, then — under certain limited circumstances — you may be entitled to equitable relief in the form a specific performance remedy, as opposed to the standard monetary remedy that is usually awarded in breach of contract cases. Let’s take a look at some of the basics of specific performance and how it works. What is the Specific Performance Remedy? Specific performance is a…
If you have been charged with bank fraud, then you could be exposed to significant criminal penalties of up to a million dollars in fines and 30 years imprisonment — this can cause many defendants to feel incredibly nervous about the impending litigation.  Should the prosecution gather sufficient evidence to convict you of bank fraud, your entire life will be irrevocably change. Government authorities can be rather heavy-handed in their investigation and prosecution of suspected…
If you are involved in a breach of contract dispute where the “breaching party” engaged in conduct that might qualify as a partial breach (not a material breach), you may be entitled to bring a claim against the defendant for damages, even if you are limited in terms of your right to terminate the contract and refrain from further performance of the contractual duties therein. How does partial breach work?  Let’s examine the basics for…
Identity theft — otherwise known as false personation, or identity fraud — is a serious crime that may be charged as either a misdemeanor or a felony, depending on the criminal record of the defendant, the amount of money “stolen” using the false identity, and various other circumstances. Millions of identity theft instances occur every year in the United States.  Given the severity of the issue, the IRS and other government authorities have increasingly been…
No matter the jurisdiction, when businesses — sophisticated or not — execute contracts, the potential for tortious interference by a third-party is not often anticipated by those engaged in the present contract.  Tortious interference can have a significant impact on the businesses involved, however, and may give rise to actionable claims for damages, to cover the losses caused by such interference. Basic Elements of a Tortious Interference Claim Tortious interference claims essentially involve the…