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Archive for the ‘Contract Law’ Category

Arkansas Supreme Court overturns Arkansas Court of Appeals, holding that specific performance cannot compel performance of couple’s agreement after husband’s death.

Posted in Contract Law, Family Law, Property Law, tagged , , on March 31, 2010 | Leave a Comment »

Butcher v. Beatty, No. 09-1169. Thelma and John Healy were married in 1979. In 2006, a trial court found that Thelma was incapacitated and appointed Troy Butcher as guardian of Thelma’s person and Butcher and John as co-guardians of her estate. Butcher later filed a motion to sell the couple’s rental property held as tenants [...]

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Arkansas Supreme Court clarifies when an insurer must show prejudice from an insured’s failure to provide timely notice of a claim.

Posted in Contract Law, Insurance Law, tagged , , , on March 18, 2010 | 1 Comment »

Fireman’s Fund Insurance Company v. Care Management, Inc., No. 09-662. In June 2006, Care Management, Inc. (“Care Management”), was sued for negligence, medical malpractice, and wrongful death. In September 2008, Care Management’s attorney notified Care Management’s insurers that the case was set for trial on October 7, 2006, provided them with a copy of the [...]

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Arkansas Court of Appeals explains that a contract is severable when different parts of performance are individually priced.

Posted in Construction Law, Contract Law, Uncategorized, tagged , , on January 7, 2010 | 1 Comment »

Elder Construction Co. v. Ivey Lane, LLC, No. CA09-63. In 2003, Elder Construction Company (“Elder”) and Ivey Lane, LLC (“Ivey Lane”), entered into a contract for Elder to purchase sixteen unimproved residential lots in the Enclave Subdivision of Springdale from Ivey Lane for a total purchase price of $1,282,400. Each of the lots available in [...]

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Arkansas Court of Appeals outlines requirements for unjust enrichment claim when the parties already have a contract.

Posted in Contract Law, tagged on October 30, 2009 | Leave a Comment »

QHG of Springdale, Inc. v. Archer, No. CA07-1115. Dr. Ernest Archer, an OB/GYN, and his employer, QHG of Springdale (“QHG”), entered into a two-year employment contract in 2000.  In 2002, they entered into a second, five-year contract. Dr. Archer complained that QHG (1) repeatedly denied his requests for vacation and continuing medical education, (2) failed [...]

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Post-nuptial agreement regarding "indiscretions" is void.

Posted in Contract Law, Family Law, tagged on July 28, 2009 | 2 Comments »

In 2000, Vergestine Cooper discovered that Bernard, her husband of twenty-eight years, was having an affair.  In order to save their marriage, Bernard signed a contract to pay Vergestine $2,600 if his indiscretions led to a permanent breakdown of the marriage.  In 2005, Bernard disappeared, and Vergestine learned that he had continued the affair.  During [...]

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Arkansas Court of Appeals explains that contract claims, even though couched as tort claims, are subject to arbitration.

Posted in Arbitration, Contract Law, Torts, tagged , , on April 10, 2009 | Leave a Comment »

CEI Engineering Associates, Inc. v. Elder Construction Co., No. CA 08-601. In 2005, Elder Construction Company (“Elder”) contracted with CEI Engineering Associates, Inc. (“CEI”), to perform engineering services related to six construction projects.  Under the contract, the parties agreed to settle all claims regarding “interpretation, application or enforcement” of the contract through binding arbitration.  In [...]

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Eighth Circuit explains “beyond repair” requirement of breach of express warranty for future performances.

Posted in Contract Law, Practice & Procedure on March 19, 2009 | Leave a Comment »

Highway Sales, Inc. v. Blue Bird Corp., No. 07-3225. on July 31, 2003, plaintiffs purchased a Blue Bird Wanderlodge RV.  From that date until July 2, 2004, the RV suffered from numerous problems.  The RV underwent numerous repairs, but continued experiencing difficulties.  On July 2, 2004, plaintiffs brought the RV back and sent a July [...]

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Arkansas Court of Appeals allows course-of-dealing and course-of-performance evidence to explain terms in fully integrated contract.

Posted in Contract Law on March 11, 2009 | Leave a Comment »

L.F. Brands Marketing, Inc. v. Dillard’s, Inc., No. CA07-1210. Plaintiff sold clothing to defendant for many years under a contract that contained a merger clause.  Under the parties’ agreement, defendant could deduct markdown allowances and chargebacks from the amount owed to plaintiff.  The total of these markdown allowances and chargebacks was negotiated orally by the [...]

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Third Circuit holds that arbitration clauses can be struck down if they contain class-arbitration waivers.

Posted in Arbitration, Contract Law on February 26, 2009 | Leave a Comment »

American Express was sued over the terms of its Blue Cash rewards program, but the case was dismissed because the credit card contracts required each member of the class to enter into arbitration with American Express individually.  On appeal, the Third Circuit Court of Appeals noted there was a question of whether state law would [...]

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Eighth Circuit holds that executing on a surety bond requires only but-for causation.

Posted in Arbitration, Construction Law, Contract Law, Insurance Law on February 4, 2009 | Leave a Comment »

Spirtas Co. v. Ins. Co. of the State of Penn., No. 07-1547. Contracts A contractor entered into a $2.8 million agreement with a property owner to remove asbestos from the property.  The remediation contract contained an arbitration clause.  The property owner required the contractor to obtain a $2.8 million surety bond for the work.  The [...]

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