Tsvety LL.M.

Mitigation of Damages in Contract Law When a contract is breached, the injured party may be entitled to damages. But the law does not generally allow an injured party to sit back, allow avoidable losses to accumulate, and then demand that the breaching party pay for all of them. This Read more

Substantial Performance in Contract Law A contract does not always have to be performed perfectly for the performing party to be entitled to payment. In many contracts, especially those involving construction, services, or complex projects, a party may complete nearly everything promised while making a relatively minor departure from the Read more

Anticipatory Breach and Repudiation of Contract A contract may be breached before the date on which performance is actually due. At first this may seem paradoxical. If a party has not yet reached the date on which it must perform, how can it already have breached the contract? The answer Read more

Material Breach vs. Minor Breach of Contract Contracts create obligations, but contractual performance is not always perfect. A party may perform most of what it promised while falling short in one respect. A delivery may arrive one day late. A contractor may use a slightly different material. A service provider Read more

Implied Terms in Contract Law A contract does not always say everything that the parties are legally expected to do. Some obligations are stated expressly in the contract. Others may be understood from the circumstances, supplied by law, incorporated through established commercial practices, or imposed by statute. These are known Read more

The Parol Evidence Rule in Contract Law When parties reduce their agreement to a written contract, a natural question arises: What happens if one party later tries to introduce evidence of something that was said or agreed before the writing was signed? A party might argue that the written contract Read more

Contract Interpretation: How Courts Interpret Contractual Language A contract may appear perfectly clear when it is signed. Yet when a dispute arises, the parties may discover that they do not agree about what the contract actually means. One party may read a clause one way. The other party may understand Read more

Conditions, Warranties, and Intermediate Terms in Contract Law Not all contractual promises have the same legal importance. A contract may contain a promise to make a payment, a promise to deliver goods, a promise to provide a particular service, or a promise to comply with a specific deadline. If one Read more

What Are Contract Terms? Express and Implied Terms Explained A contract is more than an agreement to exchange something. It is a legally enforceable arrangement built from promises, obligations, rights, conditions, and other rules that determine what each party is expected to do. These components are known as contract terms. Read more