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23 Feb 2017, 3:59 pm
Fiduciary duties arise as a matter of law in certain formal relationships, including attorney-client and trustee relationships. [read post]
22 Jul 2011, 6:18 pm
NationsBank, 939 S.W.2d 118, 121 (Tex. 1996). [read post]
29 May 2013, 3:12 pm
SOURCE: AUSTIN COURT OF APPEALS - 03-10-00784-CV - 01/4/2013 The interpretation or construction of an unambiguous contract is a matter of law to be determined by the court. [read post]
15 Mar 2013, 10:53 pm
"Whether an arbitration clause imposes a duty to arbitrate is a matter of contract interpretation and a question of law for the Court to review de novo." [read post]
15 Mar 2013, 10:53 pm
"Whether an arbitration clause imposes a duty to arbitrate is a matter of contract interpretation and a question of law for the Court to review de novo." [read post]
19 Mar 2013, 2:10 pm
An order denying arbitration is a different matter. [read post]
19 Mar 2013, 2:10 pm
An order denying arbitration is a different matter. [read post]
10 Jan 2017, 9:31 am
Miller, 52 S.W.3d 693, 696 (Tex. 2001); Barr, 837 S.W.2d at 630. [read post]
20 Mar 2013, 10:30 am
See Mustang Pipeline Co., 134 S.W.3d at 199-200 (concluding that when contract stated time was of the essence and one party failed to perform, other party was excused from performance as a matter of law); see also Fedgess Shopping Cntrs., Ltd. v. [read post]
10 Jan 2017, 9:31 am
Miller, 52 S.W.3d 693, 696 (Tex. 2001); Barr, 837 S.W.2d at 630. [read post]
3 Nov 2014, 1:30 am
Gleason, 26 S.W.3d 54, 59 (Tex. [read post]
29 Nov 2018, 3:25 pm
Butnaru, 84 S.W.3d at 204; Walling,863 S.W.2d at 57. [read post]
29 May 2015, 3:03 pm
Wingert, 317 S.W.3d 530, 537 (Tex. [read post]
26 Feb 2013, 10:21 am
P. 44.1(a); Nissan Motor Co., 145 S.W.3d at 144; see also Columbia/HCA of Houston, Inc., 8 S.W.3d at 21. [read post]
20 Dec 2014, 9:30 pm
Quisenberry, 407 S.W.3d 381, 387 (Tex. [read post]
28 Dec 2014, 1:30 am
Casteel, 22 S.W.3d at 390. [read post]
31 May 2013, 1:22 pm
"Meeting of the minds" describes the mutual understanding and assent to the agreement regarding the subject matter and the essential terms of the contract. [read post]
24 Nov 2014, 6:54 am
Showing that a party had no intent to perform "is not easy," as such matters are not usually susceptible to direct proof. [read post]
1 May 2012, 8:16 pm
Since arbitration is generally a matter of contract, the FAA requires courts to honor parties' expectations. [read post]
10 Jan 2017, 8:06 am
- 2/27/2014 INSURANCE COVERAGE TERMINATED BECAUSE PREMIUMS WAS NOT PAID As a matter of law, the insurance provided by the Policy "end[ed]" and was not "in force" after the end of the grace period. [read post]