Questions + Answers About

Business Law

How do I prove a breach of contract?

A breach of contract is essentially the breaking of an agreement between at least two different parties. In order to qualify as a claim for breach of contract in a court of law, you must prove a number of qualifications.

1. Prove the existence of a contract.
2. Prove that you performed your obligations or that you have a legitimate reason for not performing.
3. Prove the other party failed to perform their part of the contract.
4. Prove the other party’s failure to perform caused damages.
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How do we transfer ownership of a family business?

The three main ways in which a business can be transferred to a family member are as a gift, through a sale or through a partial sale. Each offers distinct advantages from a profit, tax and long-term planning perspective, which is why an experienced business lawyer is essential to this type of business deal.
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What is the difference between a corporation and an LLC?

The main difference between an LLC and a corporation is that an LLC is owned by one or more individuals, and a corporation is owned by its shareholders. Both provide limited liability and pass through taxation.
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Is a lawyer required to start, buy, sell or close a business?

While not required, an experienced business lawyer will ensure the entire deal is valid, legitimate and legal. Buying, selling or closing a business can be very complicated, and these processes require a thorough knowledge of both business and local laws. Business attorneys can guide you through the necessary steps and ensure you have obtained all documentation for the sale or purchase of your business. Additionally, an attorney can represent your interests in court as needed.
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