Special Report on
Contract Law is Not Enough
Contract Law is Not Enough - Trends
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Employers usually don't intend statements in employment handbooks to create enforceable promises. But that doesn't stop courts from finding contractual relationships in the employment context. Disclaimers often do the job, but they have limits. EMPLOYMENT CONTRACTS raise exceptional concerns, but the basics remain just that: basic. Any contract question can be analyzed by reference to the following six inquiries: Was a contract formed? If a contract was formed, what are its terms? Did a duty of performance arise? Are there any defenses to enforcement? Was the contract breached? If the contract was breached, what is the ...
Imagine a couple, each married for the second time. Perhaps each has children from a first marriage. Perhaps the couple has been married for years — even decades. They think of all the children as “their” children, even though they fully understand that the other spouse’s children are stepchildren. One of the spouses — let us say the husband — dies. He leaves his interest in the family home, together with all the couple’s accumulated wealth, to his widow; his will specifies that on the second death all of the children share the estate equally. His ... Read More
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