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 [...]
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 [...]
The next element that Defendant willfully and intentionally interferred, contains several elements also. First, the Defendant must be a stranger to the contract, in order to tortiously interfere with it. A Defendant cannot tortiously interfere with its own contract. In the corporate context, a corporate agent, accused of interfering with the corporation’s contract, must be [...]
Next is the element of” intent.” Defendant must intend that the creditor or factor rely on the representation. Many Texas collection cases, and in addition, the treatise known as the Restatement of Torts, states that to prove intent, the creditor must establish that the Defendant desired to cause the consequences of its act or believes [...]
We last discussed factoring agreements and breach of contract claims, in relation to Texas debt collection attorneys. Related to the factoring agreement, in collection on the contract, in the context of Texas debt Collection actions, the creditor will often discover fraud, sometimes referred as” fraudulent misrepresentation” or “fraudulent inducement”. First, let’s set forth the elements [...]
Q- What proof is required in my lawsuit when totaling damages? Actual damages, which are also called “compensatory damages” are awarded to compensate for an injury or to repair a wrong. Actual damages may be either economic or non-economic and do not include exemplary damages. Economic damages compensate for actual economic or pecuniary loss, and [...]
Is a ‘Liquidated Damages’ Paragraph a Good Idea in the Construction Business? And How do the Texas Courts Look at These Things?
Q- Is a ‘liquidated damages’ paragraph a good idea in the construction business? Especially in construction cases or any case involving a specific amount of time, in which the services must be performed, liquidated damages may be a proper measure of damages. So, in Dallas debt collection, the liquidated damages clause is a stipulation, between [...]
I’m Thinking About Inserting a ” Liquidated Damages ” Provision in my Contract; How Does a Court Look at These Things?
In this week’s Blog, let’s talk about a different type of damages, liquidated damages provisions. A liquidated damages clause sets the amount of damages for breach of contract, in advance. Obviously this type of provision can be very important to a Texas debt collection lawyer. A liquidated damages provision is not illegal in Texas, as [...]
Business disparagement is a tort, and is similar in many respects to defamation. A defamation cause of action will protect plaintiff’s personal reputation, whereas on the other hand, a lawsuit which alleges ‘business disparagement’ will protect your company from pecuniary loss i.e. awarding damages. Waste Management v. Texas Disposal 434 SW3d 142 (Tex. 2014). The [...]
Today’s blog will discuss a theory called breach of Fiduciary Duty, which is often used by Defendants in defense of 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: 1. Plaintiff and Defendant had a fiduciary relationship [...]