Tag Archives: Liability

New Developments in Landlord Premises Liability

In a recent decision, Bailey v. Schaff,  the Michigan Court of Appeals issued a landmark ruling concerning the obligations that landlords owe to persons on the landlord’s premises. The Court ruled that a landlord has an obligation to call the police once notified of a dangerous situation. The landlord may be liable for damages to [...]

Don’t Sign Away Unrelated Rights on Release Agreements

In all aspects of business and contracting, but especially after a lawsuit has been filed or threatened, one party may approach the other party with a comprehensive release agreement as part of a settlement of the dispute.     A release agreement is a form of contract wherein the party who has allegedly committed the wrong requests [...]

Statute of Limitations Set by Contract

Unless the parties agree otherwise, the Statute of Limitations for a breach of contract claim in Michigan is six years.   However, the parties may agree by contract to a shorter limitations period.   A court would not enforce a one day or one week limitations period, but a contractual limitations period as short as one year [...]

Beware the “Choice of Law” Provision

Do you realize that many of the contracts, equipment leases and loan documents that you have signed would require a Michigan judge to use other States’ laws in deciding lawsuits rather than Michigan’s? This is because many contracts contain a “choice of law” or “governing law” provision, by which the parties choose to apply the [...]

Be Careful When You Sign That Contract on Behalf of Your Company

A lot of us are called upon to sign contracts or other documents on behalf of our employer or our own company.    Because companies are fictional entities, a company cannot sign a contract. The company must act through an officer or employee with authority to enter into any type of contract, promissory note or lease.     [...]