Business Law Articles

Learn and discover the latest useful business law articles for practical information, DIY, and ideas from a network of leading business and corporate lawyers.

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Rescission of Contract

Rescission of contract is when a party to a contract rightfully cancels a contract for any of the following legal reasons 1) mistake, duress, fraud, or undue influence, 2) failure to provide consideration, 3) or material breach by the other party.

Partnership Law Overview

A partnership is defined as a for-profit business organization comprised of two or more persons. A partnership allows two or more persons to share responsibility for a business.

How To Start a Food Truck Business

Learn how to start a food truck business.

What Is Tortious Interference with a Business?

Tortious Interference occurs whenever a third party intentionally disrupts a business relationship causing economic harm or causing a party to breach a contract.

California Breach of Contract

A breach of contract in California occurs when a party to a contract fails to perform an obligation required by the contract.

Anticipatory Repudiation – Contract Law Explained

Anticipatory repudiation of contract occurs when a party to a contract acts, conducts, or makes a statement that reasonably makes the other party believe that the other side will breach the contract.

Buying Into An Existing Business As A Partner

This article discusses the factors you should consider when buying into an existing business as a partner.

California Unruh Act Website Accessibility Lawsuit Defense Lawyer

Predatory web accessibility lawsuits filed against large and small businesses alike are angering. Business litigation under the Unruh Act website accessibility can be resolved relatively quickly.

Fiduciary Duty California

A principal who owes a beneficiary a fiduciary duty must use reasonable care, the duty of undivided loyalty, confidentiality, good faith, and the best interest of the beneficiary. A breach of fiduciary duty occurs when the person who owes the fiduciary fails to act in the beneficiary's best interest, such as not exercising reasonable care.

Usurping a Corporate Opportunity

When a corporate director or officer is present with a business opportunity related to or the same as the corporation's business, they cannot engage in that business opportunity for their personal benefit.

Quantum Meruit California

In contract law, quantum meruit refers to circumstances where there is no actual contract, but the law implies a promise to pay for services rendered that were not free.

What is Material Breach?

In contract law, a material breach occurs when a party fails to perform the core of the contract's terms, which defeats the purpose of entering into the contract.

What is constructive fraud?

Constructive fraud occurs when a person with a legal duty to a beneficiary breaches that duty by any act, omission, or concealment which results in damages to the beneficiary, even though the conduct is not otherwise fraudulent.

What does a general counsel do?

A general counsel is a company's chief legal officer who heads a company’s legal department and is the primary attorney and main source of legal advice.

What is the Partnership Agreement?

A partnership agreement is a contract between two or more people that dictates specific business practices and how a business will operate.

Types of Partnership in Business

The three types of partnerships are general partnership, limited partnership, and limited liability partnership.

Patent Biotechnology

What is the Bane Act?

The Bane Act provides liability for coercion, intimidation, threats, and attempts to interfere with a person's civil rights. Any person who had his civil rights violated can bring a lawsuit for damages against someone who violated the Bane Act.

Learn Tricks Lawyers Use in Depositions

Litigation attorneys use tricks in a deposition to obstruct fact finding and confuse witnesses. Learn how to identify tricky questions.

What are the benefits of incorporating a business?

The benefits of a corporation include easy access to raising capital for a new business and personal liability protection. A primary advantage of a corporation is that it protects investors from the liabilities of a company.

California EIN Number

California EIN number is a nine-digit ID unique to your company that functions like a Federal EIN or Employer Identification Number, identifying your company to the State of California.

Can Two Businesses Have the Same Name?

If another company registered its business name as a trademark, using the same business name is illegal. If another company registered its business name as an entity, you may not use the same business name.

Why Do Companies Incorporate in Delaware?

Delaware corporate laws offer companies legal and liability protection that is more protective to businesses than in other states. Companies incorporate in Delaware because of its corporate-friendly environment, which offers numerous benefits regarding legal protection for companies and tax liability.

Advantages of Competition in Business

The advantages of competition in business leads to innovation, high quality of goods and services, greater variety, and lower prices. A competitive market is a market structure where competition between various companies is at its highest.

Sherman Act

The Sherman Anti-trust Act of 1890 was the first prohibits outlaws "every contract, combination, or conspiracy in restraint of trade," and any "monopolization, attempted monopolization, or conspiracy or combination to monopolize."

Rights and Liabilities of LLC Members

All members have the right to obtain any information relating to the LLC. LLC members are not liable for an LLC's debts or obligations. LLC members do not own the property of the LLC, and they may or may not manage the business and its affairs.

What is a Competing Company?

In business, a competitor is another business who can offer same or similar services or goods to your customers. For example, Pepsi and Coke are in contest between organizations that provide similar products or services or that target the same audience.