South Carolina Lawyers Weekly

While S.C. Code Ann. § 36-9-611(b) requires a secured party to send the debtor notification when it plans to dispose of collateral, the secured party is also permitted to send a revised notification up until a reasonable time before disposition, ...

When defendant sold plaintiff his company’s assets, he warranted that the assets were free of encumbrances. Defendant was in breach of the contract because, before the date of the contract, he caused checks to his vendors to be retracted, resulting ...

When the defendant-debtor applied for $70,000 worth of credit from plaintiff in Florida, the defendant-guarantor signed a guaranty making him liable for “any and all indebtedness of any kind whatsoever, whether now due or which may hereafter become due.” Pursuant ...

There is no evidence or argument (1) that these parties signed a written document purporting to be a contract or (2) regarding the existence of specific agreed-upon oral and/or course of dealing provisions demonstrating obligations that were capable of being ...

In a dispute between a commercial tenant and its landlord, the district court erred in denying damages to the landlord. The commercial tenant is responsible for damages resulting from its early termination of the lease, but those damages will be ...

Where a contract required that the plaintiff spud wells on defendant’s property but did not define the term “spud,” the contract was interpreted as requiring only the drilling of the wells, not their production, consistent with the plain meaning of ...

Plaintiff alleges that (1) she blew the whistle on defendants’ scheme to defraud Medicare and Tricare, (2) defendants settled plaintiff’s (and the U.S. government’s) claim under the False Claims Act without intending to carry out the terms of the settlement, ...

Where a public authority’s obligation to repay bonds was conditioned of its receipt of rent from the city, and the city’s payment of that rent was conditioned on the appropriation of funds that were not, ultimately, appropriated, neither the city ...

Tagged with: 4th U.S. Circuit Court of Appeals contract law

The defendant-attorney’s communications with plaintiffs were insufficient to show the formation of a partnership; however, an ambiguous “letter of intent” may, with parol evidence, lead to a finding of breach of contract. The court denies plaintiffs’ motion to dismiss defendant’s ...

Defendant, the first developer of the residential development at issue, was found partially responsible for the damages caused by construction defects. On appeal, defendant argued that the trial court erred in denying a directed verdict motion based on the statute ...

Tagged with: Construction Defects Contract Statute of Limitations