No Really; I Promise To Pay You. (Yeah, Right!)

In another time, a man’s word was his bond. Today, it’s preferred to get a “man’s word,” in writing, as opposed to relying on his oral promise. Nonetheless, our legal system still provides for enforcement of a verbal guarantee. See Barrie-Chivian & another v. Lepler, Mass. App. Ct., No. 14-P-780, slip.op. (July 31, 2015)

Wait! That’s Not What I Meant to Sign!

When negotiating an agreement, parties sometimes make verbal or written commitments that are not recorded in the final, written contract. Confusion and disagreement can arise when parties disagree over whether prior or contemporaneous commitments are part of a final deal between the parties.

Homeowners: Emails to Contractors Could Establish a Contract!

Having work done on your home? Be careful when you are exchanging emails with contractors, or you may end up with an extra lien on your home!

Nice Try, Sistah!

Have you ever signed a contract while you were upset about something—angry, sad, depressed, or ill? In Massachusetts, a contracting party must be able to understand the nature and quality of the transaction or grasp its significance. A “mental breakdown” may be enough to avoid enforcement of a contract, but it will require medical evidence […]

Contracts, Breaches of Contract, and Chapter 93A Damages

Are you contemplating a new contract? Has one of your contracts already been breached? The recent case of Butera Auburn, LLC, et al. v. Williams, et al., 83 Mass. App. Ct. 496 (2013), illustrates the importance of careful business planning and contract drafting. This case may also be used to double or triple Massachusetts plaintiffs’ […]