Posted on November 18, 2022 in Uncategorized

Wisconsin business owners know that honoring contracts is the bedrock of doing business. Whether you need a solid understanding of contract law to help run your business or need to understand how you can prove breach of contract after a deal goes bad, the team at Mallery s.c. can help. In this post, we will explain the basics of Wisconsin contract law and what to do after another party breaches a contract with you.

What Is a Breach of Contract?

In Wisconsin, a breach of contract happens when a party to a contract fails to abide by the contract’s terms. Proving breach of contract in Wisconsin requires more than merely asserting that one party has not fulfilled their end of the bargain. To prove breach of contract, you must show that the other party’s actions materially reduced the value of the contract or that their actions fundamentally altered the outcome of the agreement to the extent that one party would have the right to terminate the contract.

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 Posted on November 11, 2022 in Uncategorized

With the United States and the rest of the globe experiencing economic downturns, many distributors and suppliers are questioning whether they can perform under their existing contracts. Likewise, consumers are wondering if they’ll receive what they purchased online. Supply chain issues are rampant, affecting the availability of infant formula, cat food, and any number of products and services

Force majeure clauses excuse parties from performing under the contract in limited situations. If you’re experiencing supply chain woes, you may wonder, “Are supply chain issues force majeure?” The answer depends on the applicable law and the unique circumstances of your case.

Mallery, s.c. provides sophisticated legal services of a quality you’d expect at a large firm but the personalized attention of a boutique firm. We provide legal counsel to businesses and individuals throughout Wisconsin and take pride in our diligent and compassionate approach

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 Posted on November 04, 2022 in Uncategorized

Most business enterprises operate on a foundation of contracts. Vendor agreements, employment agreements, stockholder contracts, commercial deals, and more create a complex network of features that comprise and support the business. With each contract, the potential for growth and disputes are ever-present. While business owners can’t eliminate the possibility for conflict to arise, smart entrepreneurs can take steps to limit the likelihood that the argument will end up in court. Litigation can impose a financial and reputational burden on businesses. Arbitration, on the other hand, provides a streamlined and cost-efficient alternative to disputes

In this post, we help you understand what makes a contract legally binding in Wisconsin and explain the purpose and elements of a strong arbitration agreement

Mallery, s.c. provides effective legal services to businesses throughout Wisconsin. When you work with us, you typically work directly with a shareholder-level attorney at our firm. Because of our efficiency and extensive knowledge, we provide high-value legal services, often at a much lower cost than clients may expect.  

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 Posted on October 14, 2022 in Uncategorized

Partners can create a partnership easily—often with nothing more than a handshake or a plan written down on the back of a napkin. However, the trade-off for that ease is that partnerships can often be more difficult to end, especially when only one partner wants out. In many cases, when the economy or business circumstances change, entrepreneurs find themselves asking, Can one partner dissolve a partnership?

There are many reasons partners may want to end a business partnership. One partner may want to retire, and the other may want to keep the business going. Or the partnership may have been created to accomplish a specific goal, and once the goal was met, one person may want to wind up the business, and the other may not. So, do all partners have to agree to dissolve a partnership? It depends. At Mallery s.c., our team helps Wisconsin entrepreneurs understand how partnerships work and how they can be dissolved so that they can make the best decisions for their business

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 Posted on October 07, 2022 in Uncategorized

As your business relationships become more complex, it becomes increasingly important to understand what makes a contract legally binding in Wisconsin. This will help you better assess risk, manage your liabilities, and understand your rights and obligations.

Contracts are legally enforceable promises. Laws concerning contract formation in Wisconsin are meant to facilitate commercial transactions and prevent underhanded dealing. Generally, when a contract is in place, that contract’s terms govern the relationship between the parties as it pertains to the agreement’s subject matter. What makes a contract binding comes down to whether the contract has all the necessary elements to make it enforceable.

What Does a Contract Need to Have to Be Legally Enforceable?

There must be certain elements in place for a contract to be legally enforceable. What makes a contract binding is the presence of four elements: an offer, acceptance, consideration, and a lack of defenses that would prevent the formation of a contract. For certain types of transactions, the agreement must also be in writing

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 Posted on September 09, 2022 in Uncategorized

Parties enter into a contract with the goal of everything going as planned. But unfortunately, things can happen that prevent people from performing the contract. When the unexpected happens, it’s essential to understand the legal remedies for breach of contract and to contact an attorney to protect your legal rights

Mallery s.c. has years of experience helping individuals and businesses throughout Wisconsin successfully navigate even the most complex contract dispute. We’re here to help.

Contract Law Basics

Before discussing remedies for breach of contract in Wisconsin, we need to review some contract law basics. After all, you can’t get any remedy for a breached contract unless it’s binding. What’s more, you may be surprised to discover that not all breaches are equal and thus merit a substantial, or any, remedy

Elements of a Binding Contract–

There are five essential elements of a binding contract:

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 Posted on June 13, 2022 in Uncategorized

With the hot housing market, people are buying and selling homes in Wisconsin at an increased rate. The current housing market brings real estate investors, new and seasoned, plenty of opportunities.

Investing in real estate can provide you with long-term security and income, or it can lead to financial headaches. Fortunately, there are steps that you can take to protect yourself from lawsuits.

Don’t Skip the Home Inspection

Whether you plan to live on the property or rent it out, it’s critical to have a home inspection before you sign the contract.

In the rush to beat the other buyers, many real estate purchasers chose to waive the home inspection contingency in their contract. This meant that they would buy the house without having any inspection before purchasing the property. If they did have a home inspection done, they may have waived their right to ask the seller to repair the property. This type of offer may appeal to a seller and get you the contract; however, the cost of this shortcut may be great.

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 Posted on June 13, 2022 in Uncategorized

A business sale or business closure can be a sad event, a weight off of your shoulders, or a mixture of both. Regardless of how you feel about walking away from a venture you built, remember that it’s not as easy as just cutting off the lights and locking the doors for the last time. To make a clean break from your former business, you need to properly address your business’s creditors. Failure to notify your creditors can result in unnecessary lawsuits, obligations to pay interest and fees, and in-fighting among former business owners

Properly addressing your creditors in order to limit your liability is often best achieved with the help of a skilled lawyer. At Mallery s.c., our top-level business attorneys mix years of experience, a collaborative spirit, and a personalized approach to protecting the professional and personal legal interests of entrepreneurs

In this article, we give you a brief summary of how to notify creditors of a business sale or closure and limit your liability

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 Posted on June 13, 2022 in Uncategorized

As you probably already know, rarely do all variables align perfectly when you’re ready to sell your business. You’re likely going to have lingering obligations, even up to the day you hand over your keys to the new owner. Many of these loose ends come in the form of business contracts. So, What happens to the contracts when a business is sold? Your contractual obligations stay with you unless you take certain steps to mitigate or eliminate your responsibilities.

How to Handle Outstanding Contracts When You Sell Your Business

You have a handful of options for handling your outstanding contractual obligations during a business sale. Mainly, you can seek a novation or an assignment to discharge or mitigate your responsibilities.  

Contract Novations

Contract novations can be the most solid way to make a clean break between your former business and its customers and vendors. In a contract novation, you, the other party to your original contract, and the buyer of your business can agree that your buyer will take over your responsibilities, and you will no longer be liable to your customer or vendor. With this method, you’re basically writing a new contract

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 Posted on June 13, 2022 in Uncategorized

You may have grounds to dispute a business lease, depending on the situation. Grounds for disputing a business lease include:

• Inadequate notice to voting members;
• Lack of authority to sign the business lease; and
• Unfavorable lease terms.

A business dispute may also arise if those entitled to vote on the lease did not receive a fair opportunity to do so. If the parties cannot resolve the business lease dispute outside of court, they can bring a lawsuit.

Those disputing a business lease should contact an experienced business attorney who can help you understand your legal rights.

Inadequate Notice to Voting Members

Ultimately, the business’s bylaws or operating agreement dictate the amount and type of notice that the voting members receive. If the voting members didn’t have critical information for an informed vote on the transaction, this could form the basis for a dispute.

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