When Does a Contract Violate Public Policy?
February 19, 2019A contract that is contrary to public policy is not enforceable, but what exactly is public policy and how are violations determined? Public policy is a system of laws, regulations, court decisions, and societal norms that citizens are expected to follow. Since public policy changes over time, the application of pu…
DetailsWhat is the Difference Between Collateral Estoppel and Res Judicata?
February 15, 2019Collateral estoppel and res judicata are similar affirmative defenses to legal claims for relief. Each depends on a prior final judgment. But there are important differences. Collateral estoppel The doctrine of collateral estoppel holds that an issue that has been litigated cannot be litigated again. For collateral…
DetailsWhat is a Constructive Trust?
February 11, 2019A constructive trust differs from a typical estate trust, where a person establishes a trust to hold assets for themselves or other beneficiaries. Instead, a constructive trust is created by the court as an equitable remedy in circumstances when the legal title to property has been obtained through fraud or other w…
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