When a party is allowed to rescind a contract, the contract is quite literally torn up. Thus, Section 1688 of the California Civil Code provides "A contract is extinguished by its rescission". If a contract is extinguished by rescission, it would...
Does An Attorney's Fee Clause Survive Contract Rescission?
Posted on June 18, 2019
California Statute May Be An Issue In Dispute Between President Trump And Adult Film Actress
Posted on April 02, 2018
Not too long ago, I wrote about the lawsuit filed in California challenging a confidentiality agreement allegedly entered into by President Donald Trump. Clifford v. Trump, L.A. Super. Ct. Case No. BC 696568 (filed Mar. 6, 2018). In that post, I...
If There Are No Minds, Can There Be A "Meeting Of The Minds"?
Posted on March 07, 2018
Old school lawyers are familiar with the notion that "the failure to reach a meeting of the minds on all material points prevents the formation of a contract even though the parties have orally agreed upon some of the terms, or have taken some...
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