The Chicago Picasso in Daley Plaza, copyright 2023 Harshman Ponist Smith & Rayl Lawyers and others often say that “may” is permissive and “shall” is mandatory. By that, they mean that when a statute says a person “may” do something, that person has the discretion to do it or not,…
In a recent post, we discussed Rainbow Realty Group Inc., v. Carter, in which the Indiana Supreme Court considered whether a particular “rent-to-buy contract” was a land contract or a rental agreement. The court held that the transaction was a rental agreement, notwithstanding language in the contract that the transaction…
If you’re as old as I am, you might remember the television commercial in which twin sisters argued about the nature of Certs. One said, “Certs is a candy mint,” and her sister countered, “Certs is a breath mint.” A booming male voice over said, “Stop. You’re both right. Certs…
Suppose you sue a corporation or a limited liability company and win, but the defendant has no money to pay your award and no other assets you can execute against. Is that a factor that justifies piercing the veil to make the owners of the company pay your award? The…
“In that remote and despotic period, when the sovereign king chartered rights and liberties to his subjects – the people – all governmental powers were assumed to be his by divine right. In him were combined the legislative, executive and judicial powers of government. He was the lawgiver, interpreter and…
A couple of years ago the Indiana Business Law Blog posted an article about two different Indiana statutes of limitations for breach of contract: A six-year statute of limitations at Ind. Code § 34‑11‑2‑9, which applies to “promissory notes, bills of exchange, or other written contracts for the payment of money” A…
Last week I posted an article about apparent authority of a member or manager of an Indiana limited liability companies to bind the LLC, usually by signing a contract on behalf of the company, including a discussion of a 2013 decision of the Indiana Court of Appeals, Cain Family Farms…
Whether a particular person has the authority to execute a contract on behalf of another person or entity is a standard question of agency law. If the principal has expressly or impliedly authorized an agent to execute contracts on behalf of the principal, the agent is said to have actual…
Last year we wrote about a decision of the Indiana Court of Appeals, Fisher v. Heyman, that addressed the amount of damages owed to the seller of a condominium after the buyers refused to go through with the sale unless the seller corrected a minor electrical problem. See “Anticipatory Breach…
Last year the Indiana Court of Appeals decided a case that illustrates some of the hazards of operating a business as a general partnership. The case is Curves for Women of Angola vs. Flying Cat, LLC. In 2001, a married couple, Dan and Lori, purchased a fitness and health franchise…