Tuesday, March 4, 2014

Civil Case Attorneys Virginia Fairfax Sale Contract

If you are dealing with a civil case such as breach of contract, specific performance etc. in Virginia or about to go through a civil case in Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your civil case.  An attorney from our firm will do his best to help you.

Our law firm has the necessary experience to assist you with this matter.  We will do our absolute best to help you get the best result possible based on the facts of your case.

BC Condo. Ass’n v. CLP Corp.

Facts:
In a civil case, a condominium association sued defendant manufacturer and plaintiff builder in Fairfax, who third-party sued defendants, a distributor, manufacturer, and others. The builder assigned the association its rights against defendants, and a consent judgment against it for the association was entered per a pre-trial settlement, to which the manufacturer and distributor objected. The only parties left were the builder versus the manufacturer and distributor.

If you are facing a civil case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747.

Holdings:

The Virginia Court made the following holding:

  • To establish a valid assignment, the assignor must not retain any control over the fund or property assigned, any authority to collect the fund or property, or any form of revocation of the fund or property. Simply stated, if the assignor retains any control whatsoever over the fund or property to be assigned, then an assignment has not been effected. The intention of the assignor is the controlling consideration. The intent to transfer a present ownership of the subject matter of the assignment to the assignee must be manifested by some word, written or oral, or by some act inconsistent with the assignor's remaining as owner.
  • A contract for the sale of goods can be found in an in-fact agreement between parties or implied from the surrounding circumstances, such as a course of dealing, a usage of trade, or a course of performance between the parties. An implied contract is one not created or evidenced by the explicit agreement of the parties, but inferred by the law, as a matter or reason and justice from their acts or conduct, the circumstances surrounding the transaction making it a reasonable, or even necessary, assumption that a contract existed between them by tacit understanding.
If you are dealing with a civil case in Virginia or about to go through a civil case in Virginia, contact us for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your civil case.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case.  Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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