To recover against a defendant for a claim of breach of fiduciary duty, you must prove all the following by a preponderance of the evidence: What follows is a brief discussion of how Texas courts analyze each element of a fiduciary duty breach. What constitutes a breach of fiduciary duty? A fiduciary breaches their duty by prioritizing self-interest over...
Continue ReadingLending money is always a risk, but our economy is built on the ability of those without funds to borrow money and pay it back over time. Despite creditors’ precautions, however, sometimes those they loan money to cannot pay. Other times, the debtor can pay but attempts to put assets out of creditors’ reach by fraudulently transferring the assets. If...
Continue ReadingA contract usually lies at the center of any transactional dispute. And in such circumstances, the courts look to the contract to arrive at a remedy and make the damaged party whole again. However, in certain circumstances, a party receives a benefit at the expense of another and there is no contractual relationship between them. These are nuanced and...
Continue ReadingFeeling like you have been taken advantage of is a terrible experience. In both personal and business dealings, no one wants to believe they have been defrauded. However, knowing the elements of fraud in Texas can help you know when you have a claim. If you think you have been a victim of fraud, Texas law may allow you...
Continue ReadingPeople enter into business together to realize a common vision based on a common interest. The belief in success and hope in the future often overrides all other concerns and seems to be the salve for all potential disagreements. However, those days frequently come to an end and discord arises between business partners. Conflict arises most frequently from disagreements...
Continue ReadingA verbal agreement can be legally binding in Texas if it is valid and does not require written documentation. Witness statements, correspondence, invoices, and other supporting records can help prove elements of a breach of contract claim. Texas’s verbal agreement law comes from Texas common law, the Uniform Commercial Code, and other Texas state statutes. Suppose your neighbor offers...
Continue ReadingDealing with a breach of contract dispute? Get your questions answered by an attorney ASAP. Call 214-361-6740. When you are counting on someone to do something they are legally obligated to do and they fail to execute, you may have a claim for breach of contract. Under Chapter 16 of the Texas Civil Practice and Remedies Code, you must...
Continue ReadingMost people expect to deal fairly with one another and get what they bargained for. Unfortunately, there are individuals who play fast and loose with the truth, either to move transactions along or to get more than they deserve. At The Hunnicutt Law Group, our Dallas, Texas business litigation lawyers strive to uphold good faith and fair dealing in...
Continue ReadingIf a Texas company has harmed you then you will need to follow certain specific steps to sue a business in a Texas court. The process is highly formalized and complex. However, in general, the process is divided into three distinct stages: pre-trial, trial, and post-trial. In this guide, our Texas breach of contract attorneys will discuss only the...
Continue ReadingLitigation is expensive. While it may not be readily apparent, litigation costs can add up very quickly. In some cases, attorney’s fees exceed the amount in dispute. One way parties may be able to bring the cost of litigation down is to avoid it through alternative dispute resolution (ADR). In Texas, arbitration is one of the most popular forms...
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