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Does a Prior Breach Excuse a Counter Breach

As any parent with more than one child can attest, most people, including not only children but also adults, believe that if another person commits the first offense, then a counter, or retaliatory offense is justified. Such...more

The Assignability of Contracts

There are many situations, both in real estate transactions and in non-real estate transactions, when a party to a contract wishes to transfer, or assign, its contractual rights to somebody else. Assignments are commonplace...more

Does at Any Time Really Mean at Any Time

A basic truth about contracts is that once the contracting parties have come to a meeting of their minds regarding the terms of their contract, absent some overriding law, such as one that makes the contract illegal, or some...more

That’s Ambiguous – No It’s Not

As hard as real estate agents, title companies, attorneys, and anybody else who drafts contracts, may strive for perfection in their drafting, it is not unusual for the finished product to include a provision that is...more

What Happens to the Other Tenants when the Anchor Tenant Leaves the Mall?

When a commercial tenant leases space in a shopping center or mall, a primary consideration for the tenant is the expected benefit to their business of the foot traffic from the customers that will be attracted to the other...more

The Implied Covenant of Good Faith and Fair Dealing

Anybody who has ever had a child has heard the refrain “but that’s NOT FAIR.” While the concept of “fairness” plays a big role in how the world should operate in the minds of children, there is sometimes a disconnect between...more

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