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California Statute of Limitations – Breach of Contract

Contracts are super prevalent in everyday life. If you have a loan (e.g. for your car), then you likely have a contract specifying things like what you have to pay and when and what happens if you don’t pay when you’re supposed to. Companies rely on contracts to do business with one another all the time. I would posit that literally everything you buy has been made and transported to you by a series of companies that have contracts between them specifying what each company’s obligations are and what fee they want to be paid. Contracts, of course, aren’t perfect. When problems arise and a lawsuit needs to be filed over, say, one party not doing what they are supposed to under the contract, one thing that needs to be examined is whether it is too late to sue. The time limit in which you have to file a civil lawsuit is called a “Statute of Limitations.” This varies not only state, but also by the type of case you want to file. If you miss this statute of limitations and then try to file your case, you will almost certainly lose your case because you’ve waited too long. In certain rare situations, you might be able to make an argument for why the statute of limitations period should be paused for a period (e.g. one year). This is called “tolling” and, if successful, would extend the statute of limitations period by that same amount of time that the proverbial clock was paused. If you’re the plaintiff, the filing date of your case will hopefully be within this extended...

Law School Help: What is Consideration?

Lawyers often toss around the term “consideration” when discussing the existence or lack of a contract. Consideration is one of the criteria that has to be proven in order to show that a contract exists. In California, consideration is defined in Civil Code section 1605 which states: “Any benefit conferred, or agreed to be conferred, upon the promisor, by any other person, to which the promisor is not lawfully entitled, or any prejudice suffered, or agreed to be suffered, by such person, other than such as he is at the time of consent lawfully bound to suffer, as an inducement to the promisor, is a good consideration for a promise.” As you can perhaps tell, consideration is not something that lends itself to a neat or simple definition. Consideration can take many forms. The common idea behind all of these forms, however, is that the purpose of consideration is to show that a party to a contract has voluntarily assumed the obligation imposed on them by the contract. Thought of another way, consideration prevents a person from accidentally falling in to a contract and being obligated to do something they didn’t intend. Numerous other requirements for consideration are imposed by sections 1606 to 1615 (or so) of the California Civil Code as well. In case you’re wondering, the other required elements of a contract are: (1) parties capable of entering in to a contract, (2) the consent of said parties to enter in to the contract, and (3) a lawful goal or purpose to the contract. See California Civil Code section 1550. Depending on the facts of the particular...