The courts regularly enforce contract terms and grant damages to claimants for a defendant’s breach of an agreement. Examples of such litigation cases Rex Bushman has handled included below:
Contract Litigation Case Studies
Real Estate Agent Denied Commission
Real estate agent denied significant earned commission
Student Nurse Denied Graduation
Student nurse denied graduation
Business Sale Enforced
Sale of business contract breached by new owner
Verbal Agreement Enforced
Client lost his expensive rock cutting equipment to lessor’s conversion of it
Verbal Agreement Enforcement
Utah law allows that verbal agreements are binding when made between willing participants. However, it is difficult sometimes to prove the exact terms agreed to when enforcement of the agreement becomes necessary. If the agreement is simple and straight forward Utah courts will uphold the obligations agreed to and require full performance of the terms by the opposing party. This means that damages or money judgment may be the result of litigation over a verbal agreement where the opposing party has not performed adequately pursuant to the terms agreed. All agreements for performance of terms between parties are recommended to be in writing.
Collection of Debts Owed Pursuant to Contract
Utah courts will enforce collection of money owed pursuant to a contractual agreement between the client and his defendant. Litigation on such a matter is straight forward and often may be resolved by motion for summary judgment instead of trial, where the facts of the breach of contract are not in dispute. Collection of the judgment if payment is not immediately forthcoming from the defendant, may be obtained by execution against the defendant’s assets and money in the bank. The constable is directed by the court to seize the defendant’s assets or bank account to satisfy the judgment.
Defense Against Unconscionable Contract Terms
A client may be the named defendant in a civil litigation. Often terms agreed prove too onerous for the defendant to have been able to accomplish a matter not considered at time of execution of a contract between plaintiff and defendant. A successful defense may be predicated upon facts showing that the defendant was being unduly used or not treated fairly in the inception of the contract thus being required to do more for the consideration passing to him than was reasonably expected of the client, defendant. In this case the defendant may be absolved from liability for being required to provide more in return than the value the client has received.