Not all agreements or understandings are legally binding. There are certain requirements that need to be met before an agreement or understanding can be a legally enforceable contract under the law. For an agreement to be a legally enforceable contract, there must be an offer of terms by one party and an acceptance of those […]
What if the breaching party has an excuse for breaking a contract? When a party to the contract breaks it in some way, that party often has a reason or excuse for the failure to abide by the agreement. But not all excuses are equal under the law. Only those excuses recognized under the law […]
A Texas court of appeals has ruled that expert testimony is not needed to prove that seismic blasting activity caused damage to a water well. In Seitel Data, Ltd. v. Simmons, Opinion No. 06-11-00041-CV, 362 S.W.3d 783 (Tex.App.—Texarkana, 2012), 2012 WL 129766, 2012 Tex. App. LEXIS 1446, the plaintiffs testified that their freshwater well began […]
Chesapeake Energy has joined other major natural gas producers in announcing that it will slash its budget for drilling new wells due to low gas prices. Many producers entered into long term day-rate contracts for drilling rigs and now find themselves with no need for the rigs. Look for increased litigation over the meaning of […]
Determining whether a Texas court has jurisdiction (i.e., the authority to preside) over a lawsuit related to real property situated outside of Texas can be a challenging endeavor due to the fact that Texas cases on the issue can be very confusing. However, the general principles outlined below are helpful in determining whether Texas courts […]