Texas Breach Of Contract Legal Questions

Assuming that the word "competitor" is not defined in the contract, I think your business would be a competitor.  However, if the provision is really a 32 year ban on competition, there is almost no chance that a court would enforce it.  Even if that was a typo, and the bar is only for 2 or 3 years, there is still a good chance that a court would find this provision overbroad and unenforceable, depending on  the particular facts of your situation and your industry (just for one example, the clause is much more likely to be enforced it it was entered into as part of a sale of your business, or the assets of your business, to your former employer, than if it was simply part of an employment agreement).  The problem is that you may not have the resources to fight your large former employer.  If you can afford it, I think you'd be wise to hire a Texas atttorney to review the actual contract and advise you.... Read More

If you had an "understanding" that he would pay you for your services, that is a contract.  Unfortunately, you may have difficulty proving the contract since you have no documentation, and it is hard to believe that, if he was supposed to pay you for your services, you would have stayed 3 months without receiving any pay.... Read More

The Texas Lemon Law geneally covers new cars, but your used car may be covered if it is still under the manufacturer's original warranty or if the defect started and was reported to the dealer while the car was still under the manufacturer's original warranty and the defect continues to exist. You should seach for attorney who specifically deal with warranty defects and the Texas Lemon Law in particular.... Read More

I sounds like you are paying through a finance lease.  these are difficult to get around, as you have remedies from the vendor, but the obligation to pay the finance co. is likely written as "Non-cancellable", and states you are to lok to the seller for any remedies. I would want to look at the contract(s)' force majure clauses - depending how they are written, you may have force majure as a defense, especially if your business is one that that has been shut by Gov. Abbott's Orders.... Read More

Civil cases and criminal charges are not mutually exclusive.  If, for example, someone beats you up, you would sue that person for battery, seeking money from them, while the government would charge that person with a assault and battery and seek to put them in jail.  That being said, I see no crime here, only a civil case.... Read More

You are responsible to repay the lender but, assuming that the judge or jury believes your account that it was your friend's obligation to pay this loan (and it seems as if you have substantial evidence to support your claim), your friend would be obligated to repay you for any money you have to spend to satisfy the loan.  Of course, this assumes that your friend has the financial ability to pay you back.... Read More

The answer to "can I sue" is always yes.  If in fact the proposed tenant breached a valid lease contract, there would be no reason you can't sue them for breach.  Of course, that doesn't mean that you would win; I don't know what defenses may be raised  Also, if you rent the place to someone else for the same or more money, your damages may be very little.... Read More

I'm not really sure what your question is.  If someone hasn't paid what they are contractually obligated to pay, that is a breach of contract.  It may also be a bad business practice.  It sounds as if the insurance company may be insolvent, or close to insolvent, as that fits its behavior of lying about having been paid (would that have been a basis not to pay your husband under their contract?) and ducking your attempts to communicate.... Read More

I'm not sure exactly what you're asking.  You would sue on this verbal contract exactly the same way aas you would a written one, you may just have a tougher time proving your case if it goes to trial.  If you're asking the specific procedure you should follow, you should speak to the clerk of whichever court you are going to sue in (if the case is small enough, small claims court would be the easiest).... Read More

It's not clear to me whether you invested in the company, as you first say, or loaned it money.  If you loaned it money and it has breached the loan contract, you can sue it for breach of contract.  If you invested, assuming that there was no fraud, waste or other wrongdoing, you may be out of luck.  There is never any guarantee that an investment will make money.... Read More

I haven't read the lease, but I'm confident that the lease obligated both of you to pay all obligations.  The landlord doesn't care how you divide it, or if you divide it, as long as the landlord gets paid.  In other words, you may be able to sue your ex-roommate for anything you have to pay above your share, but that doesn't affect your obligation to pay the landlord.  I think you should pay the bill, especially since the lease probably provides that, if the landlord has to take you to court, and you lose, you would have to pay the landlord's attorneys' fees on top of the other money you owe.  As for whether it is worth it for you to sue your ex-roommate, that depends on how valuable your time is, and how likely you are to be able to collect if you win (i.e. does she have the money to pay and do you know how to find her).... Read More

You should first check the contract to see if there is a period of time for probation or an opportunity for you to rescind the contract. You may be able to get out of the contract. Because the bank wants you in a different location, you may not be in violation of the non-compete. It all depends on what the contract says.... Read More

An attorney would have to read the document to advise you as to cancellation. If you close the account, they may begin collections action against you. The best route is to talk to them and see if they will agree to let you out of the contract. Make sure you talk to the top person in charge. It may be good to also put your request in writing and explain why your daughter wants to stop participating. ... Read More

It would be a very poor lawyer who entered into such a the contract on his own behalf, rather than on behalf of his client.  The fact that it was the lawyer with whom you dealt doesn't mean that he is the contracting party, any more than the salesman who sells you your car is the party with whom you had the contract, rather than the dealership he represents.  If you have a written contract, I think you will find that it is with the lawyer's client, not the lawyer himself.  If, in fact, your written contract is actually with the lawyer, and not with his client, you would have a claim against the lawyer.  If you had only a verbal contract and you reasonably understood that you were contracting with the lawyer, not the client, you may also have a case, particularly if you can show that you wouldn't have agreed to do the job if you thought the only  party on the hook was the client.... Read More

No.  The agreement could be invalid for other reasons, but the misspelling of a name makes no difference unless there is a real dispute over who the contracting party was (here, there is no such dispute), and even then it would not make the contract automatically invalid, it would just be evidence that someone else was the contracting party.... Read More

DBA means doing business as, and is not the same as being an active corporation.  That being said, an inactive corporation can sue (at least in New York; it is possible that the law is different in Texas) although it may be required to pay its back taxes to be reinstated as a corporation in good standing.... Read More

I'm assuming that the contract doesn't contain a provision giving you the option to cancel it withing a certain period of time.  That being the case, it is possible that you have a defense to the contract (e.g. you signed it under duress, you were defrauded into signing it, you lacked legal capacity to contract, etc.) but none is apparent from your email.  The fact that the contract has not been performed yet is not a defense.... Read More