contracts

Unjust enrichment

Overview

Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law. This typically occurs in a contractual agreement when Party A fulfills his/her part of the agreement...

Usage of trade

Under section 2 of the Uniform Commercial Code, usage of trade is often used to aid in interpreting contracts and to give terms particular meanings. A usage of trade is a practice or method of dealing having such regularity of observance in a place,...

warranty

Definition from Nolo’s Plain-English Law DictionaryA promise or assurance that may be express, implied by the circumstances, or implied by law. A warranty might be an express or implied statement that particular facts are true (for example, that...

warranty of fitness

Definition from Nolo’s Plain-English Law DictionarySee: implied warranty

Definition provided by Nolo’s Plain-English Law Dictionary.

warranty of merchantability

Definition from Nolo’s Plain-English Law DictionarySee: implied warranty

Definition provided by Nolo’s Plain-English Law Dictionary.

Will Contract

Though transfers by will are normally donative, it is possible to use a will to form an obligatory, legally enforceable contract. A will contract is created when a promise is made and supported by consideration to leave property by will to the promisee...

Wrongful termination

A fired employee's claim that the firing breached an employment contract or some public law.

Where an employment contract requires termination only for cause, a terminated employee can sue for arbitrary discharge. Wrongful discharge claims...

Yellow dog contract

Definition

An agreement between an employer and employee in which the employee agrees not to join or remain a member of a labor or employer organization. Yellow dog contracts are generally illegal.

Illustrative caselaw

See, e.g. Lincoln Federal...

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