In Texas, a motion for default judgment is a request made by a plaintiff when the defendant fails to respond to a civil complaint within the required time. If the defendant does not file a timely answer, the court may grant a default judgment in favor of the plaintiff. This means the court decides the case without the defendant’s...
Continue ReadingA breach of contract claim is the heart of almost all business litigation. There are four key elements in a breach of contract claim: If you relied on someone to do something they contracted to do and that person failed to do so, you may have a breach of contract claim. The Four Breach of Contract Elements The complaining...
Continue ReadingIf you’re considering suing for breach of contract, you may be wondering how much can you sue for breach of contract? A Dallas breach of contract lawyer at The Hunnicutt Law Group is ready to help. Call us today: (214) 361-6740. When a party to a contract fails to fulfill their obligations, it can be financially detrimental. You may...
Continue ReadingYes, an employer can sue an employee for various reasons. Common grounds for such lawsuits include negligence, misuse of company resources, or breach of contract. Employers may pursue legal action if an employee’s actions result in significant harm or loss to the business. Call our experienced business lawyers at The Hunnicutt Law Group today: (214) 361-6740 What are an employer’s...
Continue ReadingMost verbal agreements are legally binding in Texas. A handshake can be legally binding in Texas if the agreement is otherwise a valid contract. However, certain agreements must be in writing by law before they become binding. Texas’s verbal agreement law comes from Texas common law, the Uniform Commercial Code, and other Texas state statutes. Suppose your neighbor offers...
Continue ReadingFeeling like you have been taken advantage of is a terrible experience. In both personal and business dealings, no one wants to believe they have been defrauded. However, knowing the elements of fraud in Texas can help you know when you have a claim. If you think you have been a victim of fraud, Texas law may allow you...
Continue ReadingThe decision to formalize your business through the establishment of a legal entity with Texas is one of the best business decisions you can make. It sets your company apart from other fly-by-night operations. It allows you to grow and attract investors, and it alerts the public that you are taking your business seriously. In this guide, our Texas...
Continue ReadingTo recover against a defendant for a claim of breach of fiduciary duty, you must prove all the following by a preponderance of the evidence: What follows is a brief discussion of how Texas courts analyze each element of a fiduciary duty breach. What constitutes a breach of fiduciary duty? A breach of fiduciary duty happens when someone with...
Continue ReadingWhen one person acts as the agent of another, the agent owes the other fiduciary duties. Yet, who is considered the agent can get confusing when a professional uses a title like “real estate agent.” So, what is a fiduciary duty in real estate? In short, realtors and brokers must act in the best interests of anyone they work...
Continue ReadingLending money is always a risk, but our economy is built on the ability of those without funds to borrow money and pay it back over time. Despite creditors’ precautions, however, sometimes those they loan money to cannot pay. Other times, the debtor can pay but attempts to put assets out of creditors’ reach by fraudulently transferring the assets. If...
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