What is Obstruction of a Legal Process? At the outset, obstruction of legal process means the use of force to prevent the execution of process. It is the common-law definition upon which our obstruction statute is based and is sufficiently clear. "The gist of the offense . . . is the wrongful interference by force…
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Defining the Concept of Bad Faith in Contract Law In the context of contract law, bad faith is a violation of a duty to deal fairly and honestly in the performance and enforcement of the contract. With an expectation that the deal must be honest, both parties must refrain from taking advantage of the other.In…
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What is a Waiver of Subrogation? A waiver of subrogation states that if one person suffers a loss which is covered by insurance, the insurance company cannot turn around and try to collect against whoever is responsible for the loss if that person has a valid contractual waiver of subrogation with the insured. The classic…
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What Is a Company Gear Agreement? A Company Equipment Agreement is a legal document that outlines the terms and conditions under which a business (the "Employer") provides its employees, contractors, or other acts (each, referred to a "Representative") with access to and use of the Employer’s equipment, computers, software, hardware , and/or other resources. The…
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What Exactly is a Credit Card on File Agreement? What is a Credit Card on File Agreement?Receiving and holding a consumer’s credit card information is a common occurrence for many businesses, but it is important to note that such information must be handled carefully and with a high regard for protecting the consumer’s sensitive personal…
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What Is a Pet Rental Agreement? Pet rental agreements are provisions in leases and rental contracts in California that enable landlords to regulate whether pets are allowed on the premises and the extent to which they can be accommodated. Like many states, California does not require landlords to allow tenants to keep pets in the…
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What is ‘Studies in Contract Law’ Scholarly contracts teacher Michael Rustad is co-author with E. Allan Farnsworth and Carol Sanger of Studies in Contract Law 9th Edition (West Academic Publishing 2017). Scholarly contracts teacher and editor of ContractsProf Blog, James J. White is the Contributing Editor. Michael Rustad is the Currier Professor of Constitutional Law…
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The Guide to Iowa Debt Collection Laws Debt collection laws in Iowa exist to protect consumers and business owners from unfair and deceptive debt collection practices. These state laws also provide remedies for the consumer when those practices occur. These statutes are similar to the Fair Debt Collection Practices Act, although the Fair Debt Collection…
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Early Occupancy Agreement: What is it? What is an early occupancy agreement?An early occupancy agreement is an enforceable contract between a buyer and seller of real property. These agreements allow the buyer(s) to take possession of the property before the closing date.The Alberta Real Estate Association (AREA) has a form called the Early Possession Addendum…
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What is an easement? In short, an Easement is a right granted or reserved to a particular person, in or over, land which belongs to another.In real estate, "an Easement" is a right that permits the holder to use the land of another. Thus, it is a right to do something on another’s land or…
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