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Contract Law


03.28.2011 Negotiating, and Defenses to, Personal Guaranties
One of the dreaded documents any business owner faces in a deal is the "personal guaranty." After all, the business owner went through the steps to incorporate or organize their business just to...

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11.07.2010 The “Ordinary” Commercial Lease: A Fallacy. It Doesn’t Exist.
"It's just ordinary lease stuff," Frank said. After a short pause, he continued, "At least, I think it is." Frank had just been given a document entitled "Standard Commercial Lease – Net." He...

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10.16.2009 Restrictive Covenants in Employment Agreements
Employment agreements have become a popular tool in the business world, in both big and small business. Employment agreements establish vital terms and avoid misunderstandings such as “at-will”...

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10.16.2006 The Large Print Giveth; And The Small Print Taketh Away or Contract Legal Damages: What are they?
We've all done it. Signed a contract, whether with the home improvement company, for a new set of tires or service on our automobile, or for a home entertainment center. The contract that we just...

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12.01.2005 “Accord and Satisfaction” or “How a Notation on a Check Can (Sometimes Unwittingly) Resolve a Payment Dispute”
Imagine you are a supplier of goods or services and have a customer who remits a check for an invoice, which is less than the amount of the invoice, and included on the check is wording to the effect...

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09.16.2005 Employee’s Duty of Loyalty
A few months ago, the Missouri Supreme Court issued its latest opinion concerning the duty of loyalty that an employee owes an employer. The case is Scanwell Freight Express STL, Inc. vs. Chan....

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08.16.2005 New 2005 Missouri Legislation
The following article deals with selected pieces of legislation passed by the Missouri Legislature at its session just ended in May, 2005 and signed into law as of July 14, 2005 by Governor Blunt....

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06.16.2005 “Disposal of ‘Consumer Information’ Regulations or ‘Getting a Leg Up on Identity Theft’”
In December 2003 the Fair and Accurate Credit Transactions Act was passed (“FACTA”). FACTA is a federal law designed to minimize the risk of identity theft and consumer fraud created by improper...

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02.01.2005 Buy-Sell Agreements Can Provide Protection for You and Your Family
Buy-Sell Agreements A buy-sell agreement, by whatever name utilized, satisfies a two-fold purpose. First, the party who is selling their interest retains a liquidity for their investment, while...

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01.16.2005 “American Jobs Creation Act of 2004”
Overview for Individuals and Owners of Small or Closely-Held Businesses We hope that the following explanation of some of the significant provisions of the “American Jobs Creation Act of 2004”...

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