Contracts

/Tag: Contracts

QUANTUM MERUIT – I didn’t get a contract signed; can I still sue for the services I provided?

Today’s Blog addresses the Texas debt collections issue of QUANTUM MERUIT—an equitable theory of recovery, intended to prevent unjust enrichment, when there is AN IMPLIED AGREEMENT TO PAY FOR SERVICES RECEIVED. In re Kellogg Brown 166 SW3d 732 (Tex. 2005), also Barnett v. Coppell 123 SW3d 804 (Dallas, 2003). If an express written agreement covers [...]

By |2017-10-24T17:47:22+00:00October 24th, 2017|Collections, Texas law|Comments Off on QUANTUM MERUIT – I didn’t get a contract signed; can I still sue for the services I provided?

Defendant has my property, how do I get it returned under ‘Conversion’?

A related cause of action is ‘conversion’, generally described as a Plaintiff who owned or possessed or had the right to immediate possession of personal property, with Defendant wrongfully exercising dominion over it, with Plaintiff suffering injury. Earlier, this theory was called suing “in detinue” or “in trover”, although we do not use these any [...]

By |2017-08-10T19:38:14+00:00August 10th, 2017|Deceptive Trade Practices Act, Texas law|Comments Off on Defendant has my property, how do I get it returned under ‘Conversion’?

How I would Expect an Interferer to Defend the Charge? And What Damages Can be Recovered?

  Q- How I would expect an interferer to defend the charge? A Defendant sued for tortious interference may try to defend himself by alleging that the damages were actually Plaintiff’s fault. Southwestern Bell v. John Carlo 813 SW2d 613 (Houston 14th Dist 1991). Here, Defendant alleges that the Plaintiff’s own acts or omissions caused, [...]

By |2017-07-21T15:37:54+00:00July 21st, 2017|Deceptive Trade Practices Act, Texas law|Comments Off on How I would Expect an Interferer to Defend the Charge? And What Damages Can be Recovered?

Intentional Interference with an Existing Contract

This series of blogs will discuss the tort of Intentional Interference with an existing Contract. This is slightly different than the tort of Intentional Interference with Prospective Business Relations, however. The elements of an action for tortious interference with an existing contract are as follows: Plaintiff had a valid contract Defendant willfully and intentionally interfered [...]

By |2017-06-28T16:10:32+00:00June 28th, 2017|Deceptive Trade Practices Act, Texas law|Comments Off on Intentional Interference with an Existing Contract

What if the false statement of a Defendant was just ‘an opinion’?

An opinion may also be fraudulent if the Defendant knows that the statement of opinion is false, or if the opinion stated is based upon or supported with false statements of fact, that is intertwined with misstatements of fact, or if the opinion is based upon the Defendant’s special knowledge and the Defendant should have [...]

By |2017-05-25T18:27:37+00:00May 25th, 2017|Collections, Texas law|Comments Off on What if the false statement of a Defendant was just ‘an opinion’?

Settlements and Nonsuits in Texas

For Texas collection attorneys and specifically Dallas collections, public policy encourages the amicable settlement of controversies. Transport insurance 898SW2d 269 (Tex.). The agreement only releases the parties specifically named and the releasing parties are only those named. The Texas Settlement Agreement should provide that both parties release each other and you should read Rule 97(a). [...]

By |2017-01-04T22:11:08+00:00February 22nd, 2016|Collections|0 Comments

Money Had and Received – Part 2 of 2

This is the conclusion of my discussion from my previous post. Ownership may be proved by evidence that Plaintiff purchased the property, or under the UCC, Plaintiff can have legal possession of property. Intern’l Freight v. American Flange (San Antonio 1999); Ward v. Shriro (Dallas 1978). Establishing that the property was personal property includes showing [...]

By |2014-10-02T13:09:21+00:00October 2nd, 2014|Collections|0 Comments

Money Had and Received – Part 1 of 2

This cause of action, in Texas collections, used to be called ‘assumpsit’. It is an equitable claim that usually should be pleaded in the alternative to another claim such as ‘conversion’ which will be discussed later. This theory is usually applied to prevent unjust enrichment, and is based on a debt not evidenced by a [...]

By |2014-10-02T13:07:59+00:00October 2nd, 2014|Collections|0 Comments

Breach of Fiduciary Duty – Part 1 of 2

Today’s blog will discuss the theory of breach of fiduciary Duty, which is often used by Defendants as a defense in a breach of contract action. Breach of fiduciary duty is a tort; the elements of the cause of action for breach of fiduciary duty, are as follows: Plaintiff and Defendant had a fiduciary relationship [...]

By |2014-08-04T15:12:58+00:00August 4th, 2014|Collections|0 Comments