Articles Tagged with Breach of Contract

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gavel1-300x169This is a question that I am asked over and over in my practice: Should I even bother?

It is a good question. A valid question. Why? Because filing suit, hiring attorneys and spending the next year (or more) and thousands of dollars in litigation is not something that should be taken lightly.

So, how do I answer the question? I answer by asking questions. Mainly, it is three questions, with several sub-questions that follow: How much is the case worth?; Who are we suing?; and is there an alternative to filing suit? Once we answer these questions and their follow up questions, I can usually put together a case plan tailored to your case that will help us determine what steps to take first, including whether or not you should even bother filing suit.

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Guest and Gray, P.C. is committed to providing Kaufman county communities with the best possible civil litigation services. We are a full services law firm. When people ask us what kind of law we do, our response is always “its is better to explain what types of we DO NOT do,” which is basically two areas of law: bankruptcy and tax.

At Guest and Gray, there is literally no case too big. Our firm has grown to a point where no case is too big or too complex. Whether it be complex civil litigation involving business and corporate legal disputes, breach of contract, real estate law, personal injury or probate and estate planning, Guest and Gray has the lawyers that you need to help you with any legal issue.

TERRELL IS GROWING

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RockwallHarbor2Rockwall is a destination for residents and businesses alike. Rockwall has it all. High end living, great places to eat, Lake Ray Hubbard, easy access to Dallas and East Texas. Overall, it is a great place to live and raise a family. It is also a great place to start a business because of the high population density in Rockwall and the fact that it is a hub for several major interstates and highways.

Guest and Gray, P.C. is the largest and highest rated law firm in Kaufman and Rockwall counties. Our staff of attorneys is dedicated to serving the Rockwall area. We are the local, trusted law firm who has represented hundreds of Rockwall county residents over the years in various legal disputes.

We are a full service law firm practicing in the following areas of law in Rockwall County, Texas:

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Guest and Gray, P.C. is a the largest local law firm in the Kaufman, Forney and Terrell areas. We are also the largest firm in Rockwall county. With over 100 years of combined legal experience, Guest and Gray, P.C. is prepared to handle almost any legal matter that you may have.

Terrell is a city on the rise. The city planning and Economic Development corp, Terrell America, have done a fantastic job of bringing business into the city. This means new jobs and new jobs will mean new residents. Terrell, like all of Kaufman county, is growing at a rapid pace. Terrell is becoming the East Texas hub that it once was when our parents were growing up. I remember my grandparents telling me about how they used to come in from East Texas just to go eat or shop in Terrell. Terrell is becoming that city once again.

Guest and Gray, P.C. is committed to the businesses and residents of Terrell and Kaufman county, and we are here to serve in numerous legal capacities. We are a full service law firm dedicated to providing the best legal representation around. Whether it be general civil litigation, such as contract or real estate disputes, or estate planning, probate and contested Wills. We even handle the more complex cases that most smaller and solo firms won’t handle, such as breach of fiduciary duty, wrongful death, complex real estate disputes, mergers and acquisitions, asset sales agreements, and general counsel services. You name it, Guest and Gray, P.C. has an attorney who can guide you through the legal process.

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HuntCountySabineRiverHunt County is a mostly rural county. Everyone knows that Greenville is exploding in size, but what people do not know is that the rest of the county is getting ready to catch up. The people are great and the cities and towns bring back memories of what Texas was like growing up. But even Hunt County simply cannot escape the growth in nearby Dallas, Collin and Rockwall counties. Between 2014-2015 and 2015-2016, Hunt County’s year over year growth spiked from just over 1.2% to 2.48%. Similar growth has continued in the county in  2017 and early 2018 so far.

As a lawyer, what I see coming for Hunt county is increased traffic and traffic accidents and an uptick in civil litigation. Residential growth always leads to commercial growth. Both of those lead to civil litigation, such as real estate and breach of contract litigation. When most people think of hiring a lawyer, their first thought is “I need a Dallas lawyer!”

However, that is simply not the case. Hunt county has numerous attorneys who are capable handling any of your civil litigation needs. Guest and Gray, P.C. is a law firm based out of Kaufman and Rockwall counties that seeks to represent people in civil litigation matters all across East and Northeast Texas, including: Kaufman, Rockwall, Hunt, Anderson, Henderson, Hopkins, Lamar, Rains, Rusk, Smith, and Van Zandt county areas.

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GuestandGrayLogoGuest and Gray Law Firm is the highest rated local law firm for both Rockwall and Kaufman counties. Our main offices are located in Rockwall off of T.L. Townsend just passed the Rockwall County Court House and our Forney location is located in old downtown Forney off of Bois D’Arc St., in the old bank building. We strive to obtain outstanding results for our all of our cases. Our support staff is hardworking and knowledgeable strives to put you at ease during tenuous times.

Being involved in litigation is never a person or businesses goal. However, sometimes circumstances make it impossible to avoid a lawsuit without giving up substantial rights and, in most cases, money.

Guest and Gray, P.C. is one of the only full service law firms in the Kaufman and Rockwall county areas. When it comes to providing service to our clients, we have the attorneys to provide excellent legal counsel in just about any area of law. Our practice areas include:

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Guest and Gray, P.C. is not only the largest law firm in Kaufman county, we are one of the only full service law firms this side of Dallas. We are the firm to call if you have been injured in an accident, have child custody or divorce questions, need an estate plan or Will, have been sued under a contract or other breach of duty, and many more. Guest and Gray, P.C. has nine attorneys and over 100 years of combined legal experience.

We are trial seasoned and trial ready attorneys who are ready and willing to fight for your rights. Whether it be fighting for Kaufman county residents against forced annexation or fighting voter fraud in our local elections, Guest and Gray, P.C. is here for our local community in ways that no other law firm has done before. We have represented literally thousands of local residents in both civil and criminal matters. No one else can say that. That is why we are the largest and highest rated law firm in Kaufman county.

Guest and Gray: The Largest and Most Highly Rated Local Law Firm

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handshakeAfter businesses enter into a contract, those entities have certain responsibilities to one another until such a time that the contract has been completed. If one of the parties materially breaches the contract and the other party is harmed by that breach, then the other party is entitled to damages. But how do we measure those damages, i.e., how does the law provide an injured party damages in a contract case?
Plaintiffs in breach of contracts cases can seek several types of damages. These types of damages can be distinguished according to the function that each serves. In general, the types of available damages fall into three categories, known as “benefit of the bargain” (or “expectancy”), “reliance,” and “restitution” damages. It is sometimes said that expectancy damages are the “normal measure” of damages. What this  means is that benefit-of-the-bargain damages is the most commonly sought measure or type of damages. It is does not imply that it is superior to the other measures of damages.
Benefit of the Bargain Damages: A party wishing to be placed in the same economic position that it would have occupied had the contract not been breached will seek expectancy damages as a result. Expectancy damages are tied to the expected benefit the non-breaching party was to receive had the breaching party not breached the contract.
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Litigation-imagesSounds pretty cool, right? No evidence and Summary Judgment together is a pretty awesome phrase. Say that at dinner parties and ears will perk. But make sure you know what it means before you start throwing that phrase out there. If you want to know what it means or how to get one, you’re in luck. I have the information you seek.

The standard for a no-evidence summary judgment in Texas is found under Rule 166(a)(i) of the Texas Rules of Civil Procedure and states as follows:

(i) No-Evidence Motion. After adequate time for discovery, a party without presenting summary judgment evidence may move for summary judgment on the ground that there is no evidence of one or more essential elements of a claim or defense on which an adverse party would have the burden of proof at trial. The motion must state the elements as to which there is no evidence. The court must grant the motion unless the respondent produces summary judgment evidence raising a genuine issue of material fact.

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Business-Law-PicForney, Rockwall and Terrell are experiencing residential and commercial record growth. Over the summer, the Terrell chamber of commerce celebrated the fact that there were over 500 members of the Terrell Chamber of Commerce. Rockwall is the largest city in the area with over 100,000 in population and boasts thousands of businesses, both large and small. Business is booming.

Many small businesses are experiencing huge upticks in sales and are struggling to deal with their growth. They have never had to think of themselves as big players before. Maybe you are one of those local businessmen and woman. It can be hard to balance both the administrative and operational roles in your business. Maybe you have operated as a sole proprietorship for many years, but as your business has grown, you’re growing more concerned with potential liabilities associated with your business and need to know more about what your options are: should I incorporate? What are the benefits of becoming an LLC? How can I protect my assets against an adverse judgment?

Those are questions that your local attorneys at Guest and Gray can answer. We can help you plan out a business structure that works best for you and your business and provides you the best protections that the law will provide.