Contract

Unconscionable and Unenforceable Contracts in Utah

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Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Almost every contract in Utah is enforceable, but a contract or agreement that is unconscionable is unenforceable. The contract defense of unconscionability prevents oppression and unfair surprise. This article discusses the difficult task of overcoming the general presumption that contracts are enforceable, the elements needed to prove unconscionability, and other issues relevant …

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Are Non-Competition Agreements in Idaho Enforceable?

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Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Idaho, a non-competition agreement is an agreement between an employer and an employee that prohibits the employee, after the employment relationship ends, from engaging in employment or a line of business that directly competes with the employer. Non-competition agreements generally prohibit employees from selling or offering to sell products or services that are …

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Are Text Messages and Emails Considered a Written Agreement or Signed Agreement under the Statute of Frauds in Utah?

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Under the Utah Statute of Frauds there are certain types of contracts that cannot be enforced unless they are written and signed. The types of contracts that are governed by the statute of frauds, and must be in writing and “subscribed to by the party by whom the lease or sale is to be made”, include: An …

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What are My Rights if My Contract is Wrongfully Terminated?

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People commonly associate “wrongful termination” with employment contracts. However, any contract is susceptible to wrongful termination. Depending on the type of contract and the facts of your circumstances, your remedy may vary. A wrongful termination of a contract is a termination of the contract without lawful justification. For example, a subcontractor performs concrete work on …

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Preparing to Enforce Liens on Property Stored in Self-Storage Units

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Joseph G. Ballstaedt801.365.1021joe@snjlegal.com In Utah, the owner of a self-storage unit has collateral it can sell, if needed, to pay debts owed by tenants: the tenants’ property that is stored there. This does not mean that the owner can sell the property in any way it wishes. Rather, an owner of a self-storage unit needs …

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Force Majeure Clauses and COVID-19

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Many contracts include what is commonly known as a “Force Majeure” clause. “Force Majeure” translates literally as “superior strength.” Force majeure clauses may also be known as “Act of God” clauses. A force majeure clause is intended to reduce or alter contractual obligations should a major event occur which renders the contract impossible to perform. …

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He Breached the Contract—What Are My Rights Under Utah Law?

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Joseph G. Ballstaedt801.365.1021joe@snjlegal.com Contracts are the underlying fabric of Utah’s economy. A contract is a legally enforceable agreement between two or more parties (i.e. persons, companies, legal entities, etc.). By entering a contract, a party agrees to make a payment or perform some other obligation in exchange for some type of benefit—whether it be a …

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