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Express Contract vs. Implied Contract

Express Contract vs. Implied Contract: Florida contracts come in two types: express and implied. The two only differ in the manner in which they are formed. An express contract is formed by language. The language may be written or oral. Thus, there is no writing requirement to the express contract. An implied contract is often...

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Understanding Contract Recitals, Covenants, Representations, and Warranties

A contract is a binding agreement between parties, which can be enforced if one party fails to fulfill his promise. A contract may contain numerous sections and provisions, but not all of them are promises. So what are these provisions and what do they mean? Understanding contract recitals, covenants, representations, and warranties is essential to fully...

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Florida Contractor Breach of Contract

Our firm sees a lot of Florida contractor breach of contract cases. Most start with bad contracts. A contract that lacks a “Time is of the Essence” clause is typically a bad contract. Without one of these clauses, the contractor doesn’t actually have to finish the job on the “agreed” deadline. Contractors know this. So don’t leave a...

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Tort or Torte

Which one is the dessert your favorite aunt made last year? A tort or torte?  According to Black’s Law Dictionary, a tort is a legal wrong committed on a person or his property. Torte, on the other hand, is a delicious little layered cake. You usually hear about torts in the context of personal injury law (“Have you...

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Contract: Glossary of Terms

This is the first in a series of posts about contract terms to help you understand your business better. There are a massive number of terms used to talk about contracts in the legal world. Most of these terms are legalese, meaning they are only used among legal professionals. We’ll spend a few posts translating...

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3 Reasons to Customize Articles of Incorporation

Articles of Incorporation make up a document you file with a state when you start a business. It legally establishes the business and is required by statute. You don’t need Articles of Incorporation if you’re forming a Limited Liability Company (LLC). Instead, you would need articles of organization. You don’t need either type of articles if...