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Category Archives: Contracts

Contract3

What is the Statute of Frauds and How Does It Affect a Contract?

By McCabe Rabin, P.A. |

In essence, the Statute of Frauds refers to the requirement that some types of contracts need to be in writing and signed by the parties in order to be valid, otherwise they are not enforceable. It’s important to reach out to a knowledgeable Florida business litigation attorney if you feel you’re dealing with a… Read More »

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Contract4

Legal Defenses to a Contract

By McCabe Rabin, P.A. |

In order for a contract to be enforceable, it has to be free from any legally recognized defenses. A defense to any contract is essentially a defect that will prevent the contract from being enforced. This can result from different types of errors or the inability for one party to enter into the contract…. Read More »

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NonCompete

Enforceability Of Non-compete Clauses In Florida

By McCabe Rabin, P.A. |

There are many reasons an employer may not want a leaving employee to open a competing business or join an established competitor after leaving the employer. Whether or not the employee leaves under friendly terms or is fired following a negative incident, the employer may want to protect its interests by restricting the kind… Read More »

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Are Forum Selection Clauses in a Contract Enforceable?

By McCabe Rabin, P.A. |

Yes, but only when they are mandatory forum selection clauses. Parties to a contract have the right to select and agree on a particular venue to have their disputes determined. The key distinction, however, is whether the forum selection clause is mandatory or permissive. Only a mandatory clause is enforceable such that a court… Read More »

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Putting Down a Deposit? Beware of Liquidated Damages Clauses

By McCabe Rabin, P.A. |

Florida Contract Law: Liquidated Damages Clauses In a nutshell, a liquidated damages clause in a contract sets forth a specific sum of money that one party can collect or retain if the other party breaches the contract. The point of such a clause is to settle on an amount of damages ahead of time… Read More »

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Can an LLC Member Recover the Cost of an Appraisal of the Member’s Interest?

By McCabe Rabin, P.A. |

In a proceeding to appraise an LLC minority member’s interest, the Court shall determine the appropriate costs for a court-appointed appraiser and is obligated to assess them against the LLC. The exception is when the Court finds the members acted arbitrarily, vexatiously or not in good faith, which allows the Court to assess the… Read More »

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