It is common to see Texas business owners sign short letters of intent with the understanding that a more detailed contract will be drafted and signed by the parties on a later date. We are sometimes asked by clients whether their letter of intent is a binding contract under Texas law. The short answer is […]
Texas state district court judge Stephen Yelenosky rejected a request by lottery watchdog Dawn Nettles to take the pre-suit deposition of representatives of the Texas Lottery Commission and lottery operator GTECH Corporation. Nettles, holder of what she believes are multiple winning Fun 5’s scratch-off tickets, argued that the TLC and GTECH should be forced to […]
The Texas Supreme Court has agreed to hear a long-running oil royalties dispute. The case in question concerns a landowner’s claim of fraud — and how that claim might affect the statute of limitations for bringing claims against a driller. Charles Hooks III’s land lease required Samson Lone Star LP to pay him if it […]
The innocent party can often recover the cost of its attorney fees spent trying to enforce the contract. In Texas, section 38.001 of the Civil Practice and Remedies Code allows for the recovery of lawyer’s fees spent to enforce an oral or written contract. And in many jurisdictions, including Texas, attorney’s fees can be recovered […]
“Breach of contract” simply means that one party to the agreement (or both) , without a legally-recognized excuse, broke the agreement in some way, refused to recognize the agreement, or acted in a way inconsistent with the existence of the agreement. Not all breaches are the same or entitle the innocent party to the same […]
Parties to a contract often disagree over the meaning of a contract or one of its terms. When this occurs in the context of a legal dispute, the court often determines the contract’s meaning. The intent of the parties—to the extent it can be ascertained from the contract—determines the meaning of a contract. A court’s […]
As a general rule, all contracts, even oral contracts, can be enforced in a court of law. However, as with every general rule, there are exceptions. Some contracts are considered too important to be left to swearing matches in court. Most states, including Texas, have enacted a Statute of Frauds that require certain types of […]
Not all agreements or understandings are legally binding. There are certain requirements that need to be met before an agreement or understanding can be a legally enforceable contract under the law. For an agreement to be a legally enforceable contract, there must be an offer of terms by one party and an acceptance of those […]
What if the breaching party has an excuse for breaking a contract? When a party to the contract breaks it in some way, that party often has a reason or excuse for the failure to abide by the agreement. But not all excuses are equal under the law. Only those excuses recognized under the law […]