Can a consumer get out of a contract if the result of enforcing the contract turns out to be really unfair?
One trick I learned early in my litigation career was what the witness can say when the lawyer asks, “ok, but is it possible that ____?” The classic answer: “Anything’s possible.” Sure, it’s flip, but it’s effective. This answer succinctly points out the folly of the question. Getting a witness to say it’s possible that some event happened doesn’t really prove anything. In litigator lingo, it’s “no evidence” that the thing actually happened. But is it true that anything is possible? Sometimes performance of a contract will become impossible after the parties sign it. This has become even more apparent […]
A force majeure clause excuses a party from performing a contract when an unexpected event intervenes. But what kind of event?
Texas Supreme Court Says Emails “Subject To” Later Agreement Do Not Establish “Definitive Agreement”
Texas Supreme Court holds in Chalker Energy that emails did not create a definitive agreement required by a “No Obligation” clause