Joseph A. Wilkins, Attorney

Intelligent Timely Legal Solutions

How is "trade usage" or custom and usage" used in interpreting contracts?

If you are a party relying on trade usage to interpret a contract in your favor, keep in mind you must “show that all, or nearly all, contracts in his trade are made with reference [to the asserted custom].
Read More…

Why its imporatnt to clearly state your expectations in a contract.

You may want to achieve a particular goal when you enter into a contract but if you don't put those expectations into the contract it is difficult to enforce that expectation. In addition, it gives the other party an opporotunity to assess whether or not they can meet those expectations. Only the overt acts of the parties and the communications between them may be considered in determining whether and upon what terms they have entered into a contract.
Read More…

What constitutes oppression of a minority shareholder?

I have represented small closely held corporations and defended them against claims by a minority shareholder who claims he/she was being oppressed. Often the key issue is what are the "reasonable expectations" of the shareholder. There are many factors that are considered and the courts have not provided a bright line rule.
Read More…