A fundamental principle of contract law is that both parties have to have agreed or there simply is no contract. Consent, or a “meeting of the minds,” has traditionally been a required element of contracts. It doesn’t protect you from making a bad bargain; it simply ensures you made a bargain you understood and agreed to. Continue reading
Proxy advisor ISS recommends voting out Wells Fargo board
In September, Wells Fargo & Co. agreed to a $185 million regulatory settlement over its fake bank account scandal. Considering the profitability of the bank, some observers have expressed dismay at the affordability of that settlement, arguing that the amount the bank paid was probably less than it raked in by pressuring employees to open unauthorized bank accounts. If that’s the case, what can be done to rein in the megabank’s behavior? Continue reading
Divisive Mercantile deconstruction project moving quickly
The partial demolition of the historic Missoula Mercantile building began in February and was already more than a third completed on March 3 — exactly a year after it was first proposed.
The project will retain the historic pharmacy portion of the building while allowing the remainder to be demolished and replaced with a $35-million Marriott hotel and retail center. Continue reading
What are the consequences of informal contracts?
Employers, landlords and construction company owners across western Montana rely on contracts to define professional relationships. However, some people get a little bit lax with regard to creating, reviewing or renewing these contracts when they feel like they have a history with the other party or when it seems like an informal agreement will suffice. Continue reading
Do you really know where your property lines are?
Land is an incredibly valuable asset for property owners across Montana. Whether you own one-quarter of an acre or tens of thousands of acres, every transaction involving that land has the potential to be complicated. One common complication that arises in real estate transactions across Montana involves boundary lines of a property. Continue reading
Montana employers: Don’t get stuck in a discrimination suit
Running a business is an incredible responsibility, particularly when it comes to hiring and firing employees. The people who work for you are essential to the success of the company, so it is important that you take seriously the laws regarding employee protections. Continue reading
How to talk to potential investors
The idea comes first, but forming a business is much more than just the product or service. There are business structures, employee and client contracts, insurance, location, branding and so much more. Before it gets off the ground, one of the most important things you’ll do for your business is raise funding. Continue reading
Montana easement basics
In some situations, a property owner may find themselves without the ability to reasonably access public lands or portions of their own land without crossing onto another person’s land. If this is the case, they may require what is known as an easement.
When an individual attains an easement, they are essentially just showing that they have an interest in using public or private land that they do not own. There are many different situations where easements may come into play for private parties and there are different types of easements for different circumstances. Continue reading
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