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- California Civil Code Section 1717 (a) makes these unilateral clauses bilateral:In any action on a contract, where the contract specifically provides that attorney’s fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney’s fees in...
casetext.com/statute/california-codes/california-civil-code/division-3-obligations/part-3-obligations-imposed-by-law/section-1717-contract-providing-for-award-of-attorneys-fees-and-costs-incurred-in-enforcing-contract/analysis?citingPage=1&sort=relevanceAnalyses of Section 1717 - Contract providing for award of ...
A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.
RRL Corp.,3 the Supreme Court of California explicitly accepted the Second Restatement's rule on unilateral mistake of fact as a basis for rescission of a contract.4 In doing so, however, the court missed the chance to articulate unambiguously a superior bright-line rule for cases involving clerical errors: that good-faith er- rors should always...
Jul 15, 2024 · The trial court and the Court of Appeal ruled that the Agreement was procedurally unconscionable because it was an adhesion contract required as a condition of employment.
Oct 9, 2018 · For instance, California generally prohibits non-compete provisions in employment agreements and has strong minority shareholder rights. Yet, a contract dispute in a California court does not automatically mean California law will apply.
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California Civil Code § 1608 codifies the doctrine of illegality and provides that “[i]f any part of a single consideration for one or more objects, or of several considerations for a single object, is unlawful, the entire contract is void.”
An employment contract in which the employer promises to pay an employee a wage in return for the employee's work is typically described as a unilateral contract. Scholars observe, however, that it is not always easy to determine whether an offer creates a unilateral or bilateral contract.
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Jul 26, 2017 · California Civil Code Section 1717(a) makes these unilateral clauses bilateral:In any action on a contract, where the contract specifically provides that attorney’s fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the ...
