General

Breaking or Breaching a Contract

Basically, contracts can be broken in at least three ways:

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Elements of a Contract

Most contracts are based on common law elements. The elements of most basic contracts are:

  1. Offer
  2. Acceptance
  3. Consideration.

In order to determine whether a contract exists, understanding of these elements are needed.

Offer

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An Introduction to Contracts

We will be discussing contracts in a very general sense. Please keep in mind that with the specific facts of your contract, much of the information provided will help you understand the legal consequences of the contract issue. Since there are specific issues that may change the outcome of your case, you should consult with an attorney to make sure that you are on a solid legal ground.

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State Laws Regulating Durable Powers of Attorney

Most states recognize Durable Powers of Attorney. However, like Durable Powers of Attorney for Healthcare, the laws in each state vary. Each state has their own requirements and limitations. Some states recognize that a Durable Power of Attorney will take effect immediately upon execution. This means that you should be extremely careful before you draft this document and have it executed.

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Special Durable Power of Attorney

You might wish to open a sample of a Special Durable Power of Attorney in a separate window to follow along with this discussion. You will need Adobe Reader to open this PDF. You may download it here.

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