Colorado Breach Of Contract Legal Questions

Contracts entered into under duress are not legally binding, but what you're describing is not duress.  Either you don't have a legal right to the property you claim, in which case the other party is simply threatening to do something - keep the property - which they have a legal right to do, or you do have a legal right to the property, in which case there is no reason you have to sign the contract, since you can obtain the property by suing the other party for it (or going to the police).... Read More

I'm sorry, but I think your chances of getting a ruling before the new scheduled court date are zero.  Right or wrong, the Judge decided to adjourn the hearing to 1/9, and there is no way to get that overturned, certainly not in time to do any good.  I'm sure you are very frustrated, but civil litigation takes a long time (I am right now working on a case which started in 2001) and even in small claims court, where they streamline the process and try to get the case moving faster, they are unlikely to be very concerned about a 5 week delay.  They are much more concerned about making sure that every party has an adequate opportunity to make their case.  As for your evidence, again small claims court is somewhat different, but as a general rule the defendant has the right to see your evidence before trial and vice versa  (I assume that you provided copies, not the originals).  Parties are supposed to be able to study the other's cases beforehand.  "Trial by ambush" is very much frowned upon.... Read More

In general, absent a confidentiality agreement, most people (not including doctors, lawyers, priests, or the like) have no obligation to keep what you tell them confidential.  However,, depending on what you are facing, you may have rights to protect you against any harassment or retaliation at work for truthfully reporting a problem.... Read More

it is of course not legal for anyone to take out a loan in your name that you had not consented to, or to misrepresent to the bank that you had consented.  However, you are deemed to have read and undersdtood anything you sign.  If you, in fact, signed such a consent, you will have a hard time getting out of it and, even if you succeed in negating your contract with the food service due to fraud (very unlikely in NY but Texas law may be more sympathetic), you will still be obligated to the bank, unless the bank had reason to know of the fraud.  You may be able to get the food company to pay you back for any losses you suffer on the bank loan, but if it can't pay, you will still be on the hook.... Read More

If ADT did not live up to the contract, and that breach caused you damage, you would have a claim for breach of contract.  It is not clear to me that either of the above is true, because I'm pretty sure that the contract would only require ADT to notify the fire department, and its' not clear to me that it did not or, if it didn't, that it would have made  difference since you called the fire department anyway, but you know the facts, not I. One major problem of which you should be aware, I am pretty sure that ADT's contract will contain a limitation on liability providing something along the lines that if ADT screws up, its liability will be limited to some nominal amount, or perhaps the amount of the monthly fee you pay.  In my state, such a limitation is enforceable as long as ADT wasn't reckless or grossly negligent, but, assumiong such a claus is in your contract, you should check with a CO attorney about whether and to what extent it is enforceable in Colorado.... Read More

One advantage that you have here is the fee-shifting clause in your contract, where they have agreed to pay legal fees in case of default. While litigation is usually charged per-hour--which makes it very expensive--it is possible that an attorney might work with you on some creative financing, where he or she gets less than usual, or no money, for a loss, but more than the ordinary fees for a win. This would depend partly on how strong the case appears to be; that is, whether you have a really good chance of winning. It would also depend partly on your chances of collecting a judgment. Some attorneys will also do what is called an "unbundled representation," meaning that they do part of the work but you do most of it. Even though you don't have cash up front, it still might be worth exploring your options with an attorney. You ask about forms. Basically, you would need to file a complaint to start a lawsuit. Though that is over-simplifying--like saying, "Start open-heart surgery by cutting open the chest."... Read More

I don't know whether you are liable for breach of contract, because I can't tell what the contract was (or what the machine shop supervisor claims it was) or whether either or both sides complied with it.  You are wrong to think that there was no contract, however.  Whatever you agreed to was a contract.  For example, if you agreed that he would rent space in your shop for $200 per month, that would be a contract.  Most contracts do not have to be in writing to be enforceable, nor is there any other fact apparent from your account which would make any contract invalid (e.g. fraud, duress, incompetence, etc.)  I'm not saying that you are liable for breach of contract.  I don't even know what breach the supervisor is alleging.  I'm just saying that you are not automatically off the hook because there was no written agreement.... Read More

Whatever your landlord writes, he has to honor your right of first refusal.  If he/she/it does not, you can sue him/her/it for breach of contract.  Therefore, if you can match what the landlord is offered for the building, you should be able to keep your business. The landlord's current actions (publicizing his claim that someone else will be taking over at the end of the lease) could be considered a breach of his duty of good faith and fair dealing under the lease, but frankly it is a close call and I'm not sure if you want to file suit on that basis at this point.  However, I think you would be wise to get the word out that your landlord is incorrect; that you have a right of first refusal on the building and have every intention of matching any reasonable offer. I assume that you have recorded your right of first refusal just as you would record a mortgage; if you haven't DO IT NOW. This puts all potential purchasers on notice of your rights and avoids a risk of losing the builiding to a purchaser who had no way of knowing about your right of first refusal. I think it would be a good idea for you to consult a Colorado attorney about this matter.... Read More

Yes.  If you were constructively evicted from the residence, you should be entitled to a pro-rated refund of rent.  However, your ex may claim that you left voluntarily, or that the money was a gift to her to help pay her rent, or some other story, and there is no guarantee that the Court will believe you.... Read More

You probably agreed to this in your lease.  Most leases have a provision in them requiring the losing party to pay the winner's attorneys' fees if there is litigation over the lease (sometimes the lease only provides for the tenant to pay the landlord's fees, but in NY, where I practice primarily, such a clause is deemed to be mutual).  You should read your lease carefully to see what it provides.  Regardless, you should not have to pay if you win.  Also, you would only be liable for "reasonable" attorneys' fees.  In a $3000 small claims case, which probably won't involve a lot of motion practice, discovery, or many court appearances, it is doubtful that any Court would approve a tremendous amount as a "reasonable" attorney fee.... Read More

Normally, under the Uniform Commercial Code, a contract to sell goods for more than $500 must be in writing to be enforceable.  You do have a writing, however, the check and receipt, so there is probably an enforceable contract.  If so, the woman has the right to purchase the horse for $2500 or (her choice) to collect from your wife any damages she has suffered from your wife's breach of the contract 9for example, if the woman had a contract to sell the horse to someone else for $2600, which she lost, your wife would be obligated to make her whole.)  I don't see any basis for the woman to be able to collect an additional $1000, or to involve the "authorities', whomever the3y may be.  She can sue your wife, that's all. ... Read More

The short answer is no.  The father is buying (selling?) this property; the kids are buying (selling?)nothing.  Assuming the power of attorney is valid (you need to see the check out the power of attorney and you might want to get the kids to agree to indemnify you in case anyone challenges it at a later date), the father has given his children authority to enter into the contract on his behalf; they are merely his agents.  The contract can be signed "Father Doe by his attorney in fact, Child Doe". That being said, if you're not comfortable not having the kids' names on the contract, nobody can force you to agree. ... Read More