Tsvety LL.M.

Clickwrap, Browsewrap, and Sign-in-Wrap Agreements Modern contracts are often accepted without a traditional signature. A person may create an account, click a button, purchase a product, download software, or simply browse a website. At some point, the website may claim that the person’s conduct constitutes agreement to its Terms of Read more

Electronic Contracts and Electronic Signatures Contracts no longer require paper, ink, or a physical meeting between the parties. A person can negotiate a contract by email, accept an offer by clicking a button, sign an agreement electronically, and receive a completed copy entirely online. Businesses routinely enter contracts through: This Read more

Illegality and Public Policy in Contract Law Contract law generally respects the freedom of parties to make their own agreements. People and businesses are ordinarily free to decide what they will buy, sell, promise, exchange, and undertake. But contractual freedom has limits. The law will not ordinarily enforce an agreement Read more

Novation vs. Assignment Contracts are normally made between particular parties, but circumstances can change after a contract has been formed. A business may be sold, a debtor may need to be replaced, a contractual right may be transferred, or the parties may decide that someone else should take over the Read more

Delegation of Contractual Duties Contracts create duties as well as rights. A party may promise to pay money, deliver goods, provide services, construct a building, or perform some other obligation. But what happens when the party who originally promised to perform wants someone else to do the work? Contract law Read more

Assignment of Contract Rights Contracts do not always remain between the same parties from beginning to end. A person who has the right to receive money, goods, services, or some other contractual benefit may want to transfer that right to someone else. Contract law generally permits this through an assignment Read more

Time of Performance in Contract Law Time is often one of the most important elements of a contract. A promise to deliver goods, complete construction, make payment, provide services, or close a transaction is rarely meaningful without some understanding of when performance must occur. A contract may state an exact Read more

Actual Breach and Failure to Perform in Contract Law A contract creates legal obligations that are generally expected to be performed according to their terms. When the time for performance arrives and one party fails to do what the contract requires, the law may treat that failure as an actual Read more