The Doctrine of Equitable Estoppel in Pennsylvania
Jan 26, 2012
Equitable estoppel is thought of as a shield, not a sword. It does not itself create a cause of action, but is used to prevent an unjust result and to preserve rights that are already acquired. As defi...
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A Provision in an Employee Handbook May Supplant the At-Will Rule in Pennsylvania
Jan 25, 2012
A claim for wrongful discharge in Pennsylvania may only be asserted in very limited circumstances. An at-will employee who is terminated may claim wrongful discharge only when his termination is made w...
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The First Sale Doctrine
Jan 25, 2012
Copyright law provides copyright owners several exclusive rights, including the right to distribute copies of their works. See, 17 U.S.C. 106 (2006) (granting copyright owners the exclusive rights to r...
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A Right to Cure Provision is not Bulletproof in Pennsylvania
Jan 23, 2012
It is well established by the courts in Pennsylvania that a material breach of a contract relieves the non-breaching party from any continuing duty of performance thereunder. Berkowitz v. Mayflower Sec...
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The Implied Covenant of Good Faith and Fair Dealing in Pennsylvania
Jan 23, 2012
Every contract imposes upon each party a duty of good faith and fair dealing in its performance and enforcement. Restatement (Second) of Contracts 205 (1985). In Pennsylvania, the law is clear that [i...
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Unjust Enrichment Claims in Pennsylvania
Jan 23, 2012
Under Pennsylvania law, when a person receives a benefit from another, and it would be unconscionable for the recipient to retain that benefit, the doctrine of unjust enrichment requires the recipient ...
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Enforcing a Broken Promise (The Doctrine of Promissory Estoppel)
Jan 23, 2012
The doctrine of promissory estoppel allows a party to enforce a promise even though that promise is not supported by consideration. Crouse v. Cyclops Industries, 560 Pa. 394, 402, 745 A.2d 606, 610 (20...
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The Elements of a Breach of Contract Claim in Pennsylvania
Jan 23, 2012
In Pennsylvania, a breach of contract action involves (1) the existence of a contract, (2) a breach of a duty imposed by the contract, and (3) damages. J.F. Walker Co., Inc. v. Excalibur Oil Group, Inc...
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