To establish a negligence claim, a plaintiff must show: (1) that the defendant owed a duty to the plaintiff, (2) that the defendant breached the duty, (3) that the defendant’s breach of the duty caused the plaintiff injuries, and (4) that the plaintiff suffered damages.
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Posts in the Contracts category:
CONTRACTS 20: Because the parties never reached an agreement on the material terms related to the issues a contract was never formed.
According to plaintiffs, the parties entered into a binding settlement agreement through an e-mail exchange between the parties’ respective counsel.
Guaranty contracts are to be construed like other contracts. G’s personal guaranty lack ambiguity. Her personal guaranty induced the landlord to enter into the Lease. Under the terms of her guaranty, she assented to all of the provisions of the Lease.
In a pretrial ruling, the trial court found that the $170,000 payment was intended as a loan, but further ruled that the terms of the loan should be decided by a jury.
Plaintiff filed a motion for summary disposition under MCR 2.116(C)(9) and (10), requesting that the court foreclose its construction lien and enter judgment for plaintiff in the amount of $213,389.20.
In every services contract, there exists an implied duty to perform in a diligent and reasonably skillful workmanlike manner.
Plaintiff supplied technical workers to defendant and retains a percentage of the fees received by the customers for the workers placed with them. The written agreement signed by plaintiff states the following terms regarding compensation: 5%...
Defendant argued that plaintiff does not have authority to foreclose on his property solely because of unpaid fines.
CONTRACT 15: The court held that the plaintiff received the benefit of his bargain with defendant. Thus, the trial court did not err when it granted defendant summary disposition as to his breach-of-contract claim.
Plaintiff contracted with Defendant for the installation of a geothermal heating and cooling unit for a home he was constructing. Plaintiff brought suit under theories of breach of contract and negligence—among other causes of action not...
CONTRACTS 14: Disclosure of confidential information to spouse violated the confidentiality agreement.
Plaintiff, defendant’s former employer, filed a complaint alleging, that defendant breached the parties’ Confidentiality Agreement. Specifically, plaintiff alleged that around the time defendant resigned from his position, he...
CONTRACTS 13: A party who first breaches a contract cannot maintain an action against the other party for his subsequent breach.
In July 2017, the parties entered into an agreement for plaintiff to purchase the assets of defendant, C Corp. The Asset Purchase Agreement stated: On the Effective Date, Plaintiff will submit to C Corp by wire transfer the sum of twenty-two...
This action involves an alleged joint venture agreement between plaintiff, defendant, and non-party R with regard to commercial real property in Detroit. Quitclaim Deed Plaintiff learned from a friend that a large commercial property in...
In this contract dispute, Plaintiff is a designer and manufacturer of plastic components that are sold to manufacturers in the automotive industry. Defendant designs and installs manufacturing systems that are used to produce plastic...
CONTRACTS 11: Plaintiff contended defendant breached the purchase agreement by failing to pay it as agreed.
Plaintiff contended defendant breached the APA by failing to pay it as agreed despite the achievement of the APA’s benchmarks, by failing to provide periodic reports pursuant to the APA, and by failing to pay commissions on the commercial lines and benefits book.
REAL ESTATE 49: Plaintiff filed suit to compel defendant to transfer the property under the terms of the lease.
Defendant’s legal position is that the option to buy expired at midnight on April 22, 2017, and the lack of any tender of payment by that time means the option expired and plaintiff forfeited all rights to the property.
BUSINESS LAW 12: Dispute involving the distribution of assets in which plaintiff and defendant were both members of the LLC.
Plaintiff filed for an accounting of the company’s assets, judicial dissolution of the company, and appointment of a receiver.
The bankruptcy court is a division of the federal district court. Although state courts are bound by the decisions of the United States Supreme Court construing federal law, there is no similar obligation with respect to decisions of the lower federal courts.
Plaintiff and defendants agree that there was no writing in this case. Thus, the agreement’s terms determine whether it falls within the statute of frauds.
The insurance company refused to pay the $35,000 in death proceeds to plaintiff, maintaining that the policy had lapsed in 1999 for nonpayment of premiums.
CONTRACTS 8: Plaintiff claims under the Michigan Consumer Protection Act that towing compacity was misrepresented.
Plaintiff commenced action against defendant seeking damages since the TRUCK cannot safely tow the fifth-wheel trailer. Plaintiff alleged fraud and innocent misrepresentation.
The trial court held that in the absence of a written agreement, plaintiff was not entitled to have the house conveyed to her because an oral agreement to transfer the house was barred by the statute of frauds. The trial court entered an order dismissing plaintiff’s claim for quiet title to the house and dismissing defendant’s counterclaim.
The trial court granted defendants’ motion for summary disposition, concluding that the claims against the realty companies were barred by the valid release contained in the purchase agreement and that the claims against sellers were required to be resolved in arbitration because they fell within the scope of the arbitration clause in the purchase agreement.
The trial court concluded that the agreement for a shortened period of limitations was enforceable and determined that the suit was untimely.
An agreement to settle a pending lawsuit constitutes a contract, and therefore the agreement is governed by legal principles applicable to the interpretation and construction of contracts.
On December 22, 2016, plaintiffs commenced an action to recover damages for the lost sale. They alleged breach of contract, breach of fiduciary duty, fraudulent misrepresentation, silent fraud, entitlement to exemplary damages, and other claims.
It is a fundamental rule of civil procedure in this state that leave to amend pleadings should be given freely.
The subcontracts written by Defendant and signed by Plaintiff unambiguously contemplated that if any disputes related to their subcontract found their way to a courtroom, a jury would not be impaneled to resolve them.
Despite the Release of Claims unambiguous terms, defendants filed complaints against plaintiffs with the Department of Licensing and Regulatory Affairs (LARA). Plaintiffs responded by filing a lawsuit.
Plaintiff and defendant were involved in a romantic relationship, but never married. After the relationship ended, plaintiff sued defendant, seeking repayment for $68,784.50 in payments he claims he made for her living expenses.
Defendant appeals his conviction of unlicensed residential builder. The trial court sentenced to 18 months’ probation, and $6,300 in restitution.
Holding that a genuine issue of material fact existed as to which party breached the contract, the court reversed the trial court's order granting the plaintiffs summary disposition and remanded for further proceedings.
The parties entered into a purchase agreement for the defendants to sell the plaintiffs a parcel of land in exchange for $101,000 and a 1950 pickup truck. The trial court found that defendants wrongfully retained possession of the truck after the...
The court held that because established Michigan law does not recognize the purported "cousins by marriage" relationship between the plaintiff and the insured, the trial court erred in holding that Plaintiff was entitled to PIP benefits.
Thus, it reversed and remanded for entry of an order granting summary disposition in favor of defendant. The case arose out of plaintiff's claim for PIP benefits-under a no-fault policy issued by defendant to plaintiff's purported "relative,"...
The trial court erred in finding that the alleged land contract violated the SOF because it lacked the defendant-son's signature and that defendants should be permitted to amend their complaint.
The case arose from a long-simmering disagreement between the father and his son as to a 10-acre parcel of property. On appeal, defendants argued that the trial court erred in granting the father's motion for summary disposition and abused its...
The court held that when "¶ 4.B of the 2010 MOU is read in its entirety, the paragraph is unambiguous and it does not create the vested right asserted by" plaintiff/counter-defendant-Cass. This was a breach of contract action involving a contract...
The court properly held that defendant snow removal company was not responsible for any injuries or damages that resulted from the icy or slippery conditions of the property that were contracted to plow
The court held that the trial court applied the correct standard of review in granting the defendant-snow removal company summary disposition under MCR 2.116(C)(8), and correctly determined that the plaintiffs were not entitled to relief under a...
A court properly held that work completed by a restoration company was the basis of an enforceable contract
The trial court did not err in rejecting defendants' claim that plaintiff lacked standing in this breach of contract case. It also did not err in ruling that the Authorization was an enforceable contract, or abuse its discretion in denying...
A plaintiff who disputed his student loan obligations due to the defense of infancy, was precluded from bringing a second action regarding the same claim when his first action failed
The court held that the Court of Claims did not err by granting the defendant-university's motion for summary disposition on the basis that the plaintiff's claims were barred by res judicata. The court noted that plaintiff's state claims were "a...
The court held that the trial court did not err by granting summary disposition for the defendants-bank and buyer in the plaintiffs-lessees' action to enforce a right of first refusal to purchase the leased property. The bank initiated foreclosure...
A loan modification agreement does not necessarily give rise to a contractual entitlement to an extension
Where the plaintiff sued defendant-HSBC Mortgage Services in an attempt to stop HSBC from foreclosing on his property, he could not rely on an LMA to give him a contractual right to an extension of his decreased monthly payment requirements. HSBC...
A party challenging authenticity of signatures is an insufficient argument to avoid summary disposition - a party must produce evidence supporting such a contention
The court concluded that the plaintiffs failed to provide any admissible evidence to sufficiently counter the defendants' evidence that they electronically signed the contract for home inspection services, and that the plaintiffs' breach of...