When parties enter into a contract, they promise one another to carry out the terms that were agreed upon. Failing to do so is a breach entitling the innocent party to damages that should put them (much as possible) into the same economic position as if the contract were fulfilled.
Category: Breach of Contract
What Is Business Disparagement and How Is It Dealt With in Texas?
Derogatory statements published online, in the media, or personally communicated that adversely affect a company’s sales, business, or credit can be remedied in Texas with a cause of action known as business disparagement. While the tort is similar to defamation, the two claims are distinct and exist for different purposes. Defamation protects...
Can I Get Out of My Non-Compete in Texas?
If you signed a non-compete agreement, you may end up feeling stuck unable to leave or work elsewhere in your preferred field. Rarely is that truly the case, unless you received specialized training in return for an agreement not to compete, access to highly proprietary confidential information (trade secrets, source code, client...
Updated Guidance on Consent-to-Assign Provisions in Texas Oil and Gas Leases
For decades it has been standard literature on oil and gas leases to note there is uncertainty regarding how a court may treat the violation of a consent-to-assign provision since, in Texas at least, such instruments are contractual “leases” in name only.1 Some commentators have advocated for courts to disregard their well-established...