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So far Jon Myers has created 3 blog entries.

Unconscionability, Waiver, Limitation Of Liability: Part III

Q—What is the ‘discharge’ defense? Another sticky area of contract defenses is the area of discharge, on account of plaintiff’s repudiation of the contract or plaintiff’s own material breach of the contract.  If plaintiff repudiates a dependent promise or materially breaches the contract itself, then the defendant will allege that it has been discharged from [...]

By |2019-03-14T18:54:52+00:00March 14th, 2019|Uncategorized|Comments Off on Unconscionability, Waiver, Limitation Of Liability: Part III

Unconscionability, Waiver, Limitation Of Liability: Part I

Q--‘Unconscionability’ sounds like fraud; what is it? Texas Collection attorneys will sometimes see the defense called ‘unconscionability’. Generally either in collection or factoring litigation, a contract can be deemed unconscionable if it is unfair because of the overall or gross one-sidedness of the contract terms.  There are two main issues associated with unconscionability, being first, how [...]

By |2019-02-15T23:25:10+00:00February 15th, 2019|Uncategorized|Comments Off on Unconscionability, Waiver, Limitation Of Liability: Part I

Special Exceptions in Texas – “How Much Information Am I Obligated To Put In My Petition?

Today’s Blog in the area of Texas Collections and specifically Dallas Commercial Collections, is in the area of “Special Exceptions”.  This is a Texas statutory creation in which one party can inform the opposing party of defects in its pleadings so it can cure them by amendment, if possible.  By filing Special Exceptions, the opposing [...]

By |2017-03-29T14:36:38+00:00March 29th, 2017|Collections, Texas law|Comments Off on Special Exceptions in Texas – “How Much Information Am I Obligated To Put In My Petition?