Differences Between Statutory and Constitutional Liens in Texas

Statutory and Constitutional Liens in Texas DW Law

Statutory Lien Texas Property Code Chapter 53 defines who is entitled to a lien for labor and materials improving properties like homes, buildings, fixtures, improvements, and certain other lands. These people include: laborers, materials fabricators, suppliers, architects, engineers, surveyors, landscapers, and demolition services. Even if you’re in one of these categories, however, filing a lien…

Three More Affirmative Defenses to a Breach of Contract Suit

Three More Affirmative Defenses to a Breach of Contract Suit

What’s an affirmative defense? When a party files a lawsuit for damages, they set forth factual and legal allegations as to how they were wronged by the defendant. In answering the suit, the defendant will deny the allegations, and in some cases, the defendant will also assert affirmative defenses whereby he sets forth his own…

The Significance of Intent in Civil Litigation

The Issue of Intent in Civil Litigation

In criminal law, when determining the question of guilt or innocence, the question of “mens rea,” or whether a person had a “guilty mind” is critical. Similarly, in civil litigation, a party’s state of mind can be a deciding factor as to the question of liability and damages. How Mental States Relate to Punitive Damages…

The Role of Consideration in Contracts

The Role of Consideration in Contracts

In contractual disputes, a basic question that often arises is whether or not a contract was even formed among the disputing parties. To show that a contract was indeed entered, a person must show that the contract’s formation met certain conditions. The three elements of a contract are: offer, acceptance, and consideration What is Consideration?…

Three Affirmative Defenses to a Breach of Contract Suit

Three Affirmative Defenses to a Breach of Contract Suit

What is an affirmative defense? When a party files a lawsuit for damages, they set forth factual and legal allegations as to how they were wronged by the named defendant. Naturally, in answering the suit, the defendant will deny the allegations made by the plaintiff. In some cases, the defendant will also assert affirmative defenses…

When Should You Consider Seeking a Restraining Order or Injunction?

When Should You Consider Seeking a Restraining Order or Injunction?

Lawsuits are frequently initiated with the goal of recovering lost money or property. There are many times, however, that these kinds of awards would either be inadequate to compensate a plaintiff, or take so long to recover either through judgment or settlement that a plaintiff must seek extra intermediate measures to protect their legal rights…

Things to Consider if You Want Your Contract to be Enforceable

Things to Consider if You Want Your Contract to be Enforceable

Many factors come into play when the enforceability of a contract is being examined, and one of these factors is whether or not the contract had to be in writing and signed by the contracting parties in order to be enforceable by a court. Some Contracts Must be in Writing and Signed. In Texas, certain…

Unintentional and Intentional Torts

Unintentional and Intentional Torts

A tort is an injurious act (other than a breach of contract) for which a plaintiff may seek compensation and relief in the form of damages, or in some cases, an injunction. In pursuing a tort claim, a plaintiff is attempting to be put back in the position he was in before the wrongful conduct…

The Role of Equitable Remedies in Litigation

The Role of Equitable Remedies in Litigation

When an attorney considers a new case, one of the most important factors the attorney will review is whether and how the conflict presented can be remedied. Having a reasonable prediction as to the legal remedies at stake helps an attorney gauge litigation costs, general likelihood of any kind of recovery (which can never be…