ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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June 1, 2022

Business Law and Labor Law Updates

The topics below may be relevant to your daily activities, especially those which involve business law, labor law, and other legal areas of your business.

 


BREACH OF WARRANTY AGAINST EVICTION


  • A warranty is a collateral undertaking in a sale either real or personal property

  • If the property sold does not possess certain qualities, the purchaser may either consider the sale void

  • The buyer may claim damages for breach of warranty

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RIGHT TO PROCEEDS AND COMMINGLED FUNDS AND MONEY UNDER PERSONAL PROPERTY SECURITY ACT


  • A security interest in personal property shall extend to its identifiable or traceable proceeds.

  • The security interest shall extend to the commingled money or funds, notwithstanding that the proceeds have ceased to be identifiable to the extent they remain traceable.

  • A security interest in tangible assets that is commingled in a mass extends to the mass.

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OBLIGATIONS OF PARTNERS AMONG THEMSELVES (Part I)


Partners

  • A partnership begins at the moment of the execution of the contract.

  • Every partner is a debtor to the partnership.

  • Every partner is responsible to the partnership for damages suffered by it through his fault

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WHAT ARE NOMINAL DAMAGES?


  • Nominal damages are adjudicated in order that a right of the plaintiff, which has been violated or invaded by the defendant, may be vindicated or recognized.

  • The court may award nominal damages in every case where any property right has been invaded.

  • The adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit.

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