Wisconsin Breach Of Contract Legal Questions

You can include such a provision in your contract, but it's a bad idea.  What's a dishonest statement?  Does the person have to know it was false when he/she made it?  If so, how are you going to prove that the person knew he was lying?  ARe all false statements equal?  What if a person says they will be at an appointment at 3 and they arrive at 3:01?  Is that equivalent to someone falsely stating that they have done repairs up to code when they  haven't?  Do you have to endure 4 instances of such extreme misconduct before you can terminate the contract?  If someone says it will cost $200 and then only charge $100, is that a dishonest statement?  In general, tying a right to terminate a contract to a dishonest statement is too vague.  Better to tie it to actual performance.  Off the top of my head, I think a bettwr way to go is something along the lines of a requirement that the vendor must give at least 24 hours written notice if it is unable to keep an appointment or is going to be more than 15 minutes late and a failure to do so will be considered a material breach of the contract and grounds for termination.  There's no reason to allow a certain amount of screw ups because you can always forgive them if you want, but at least reserve the option to terminate the contract if you want.... Read More

If you buy a mortgage and/or tax liens, you would acquire the rights of the curent mortgagee/lienor and would be able to foreclose on those debts, meaning that you could force the sale of the house to pay them.  If you wanted the house for yourself, you could work out an agreement with the homeowner or you could bid at the foreclosure sale, at which time you would have an advantage since you could bid up to the amounts owed you without having to lay out any actual cash.  For example, if you are owed $100,000 on hte mortgage, you could bid up to $100,000 (leavign aside any fees incurred in the foreclosure process) and could satisfy it by cancelling the mortgage debt, while anyone elswe would actually have to pay it off.... Read More

While there may be other problems with the lease (does the trailer park allow subletting?) being handwritten isn’t one of them.  If the lease is valid, you would breach it and be liable for damages (which, in most leases but perhaps not this informal one, would include attorneys’ fees) if you fail to pay the rent due for the remaining term. ... Read More

If your contract says what you say it does, i.e. that you were giving the dealer $100 to hold the car until the 15th with no contingencies, then the dealer has no right to sell the car out from under you HOWEVER since the dealer is willing to give you your deposit back you will have a hard time showing that you suffered any monetary damage from the brief.  You will have to show either that the car was worth more than you agreed to pay, or that you were forced to pay more to buy a different comparable car.... Read More

Non-compete agreements are generally more closely scrutinized, and held to be unenforceable, than most contracts, but (except in California) they will generally be enforced if reasonably necessary to protect the business of the employer (most non-competes are exectued in the employment context; if this wasn't, it might change the analysis somewhat).  Whether the protection is reasonable depends on too many factors to try to analyize based on your short question, particularly as I am not a Wisconsin lawyer.  Suffice it to say that most non-competes will expressly prohibit the scheme you propose, i.e. for your wife to compete in a business you own, anad you should check the agreement in question to see if it does.  Even if it doesn't expressly prohibit this ruse, it is doubtful that a court will allow your wife to circumvent a valid non-compete in this manner.  In other words, the non-compete may not be enforceable, depending on circumstances, but if it is, the fact that the competing business is titled in your name rather than your wife's will probably not help you.... Read More

Anybody can sue anybody for anything, but that doesn't mean that she would win.  You breached the contract, and she (on behalf of her daughter) could sue you and recover the damages she had suffered.  In this situation, however, it doesn't appear that she has suffered any damages.  On the other hand (a) small claims courts are not always that rigid in applying the law, and will likely sympathize with you client since you did breach; (b) it will be a hassle for you if she sues, even if you eventually win; and (c) do you need the bad publicity?  I think you would probably be well served, business wise, to try to reach a settlement with her.... Read More

As a general rule, parents are not responsible for the obligations of their adult children, and spouses are not responsible for the debts of their spouses (except for what are known as "necessaries", for example emergency medical care; this would not fit in that category.)  Thus, assuming your step-daughter is an adult, you would not be responsible for this obligation.... Read More

Yes.  If he sold the land to you, he is not obligated to take it back in lieu of payment of the contract price.  Instead, he can sue you for whatever damages your breach caused him.  However, in most jurisdictions, the seller would be required to do everything he can to mitigate his damages.  Thus, if he can find another buyer at the same price, or even a lesser price which is made up by the $85,000 you have already paid (at least some of which, if you have been occupying the land, which will be charged against a reasonable rent for the time you occupied the land) and the multiple upgrades, the seller may not have any damages from your breach, and you would not have to pay him anything further.... Read More