Amazon ends appeal on kids’ purchases, will refund $70 million

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

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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