In Veera v. Banana Republic, LLC, a California Court of Appeal recently reversed a judgment in favor of Banana Republic in a false advertising class action based on in-store ads promoting a 40% off sale. The plaintiffs alleged they were lured into Banana Republic stores after seeing ads in store windows stating "40% off." Plaintiffs learned at the cash register that the discount did not apply to the items they wanted to purchase. Out of frustration and embarrassment, plaintiffs claim they bought some but not all of the items they selected at full price. They later sued for violations of California's Unfair Competition Law ("UCL") at Business and Professions Code sections 17200 and 17500, claiming the "40% Off" signs were misleading because they did not disclose that the discount only applied to certain items.
ESPN is pursuing an injunction against Verizon as well as damages related to the telecommunications company's FiOS TV service. Viewers in California may not yet know that a new service allows them to customize pay-TV bundles, an attempt to compete against rivals such as Netflix and Sling TV from Dish Network.
Most businesses will enter into written contracts in order to procure or provide needed goods or services. In the event a party breaches a contract, the other business may suffer losses because of its reliance on the contract's performance.
A sales contract is any contract between a buyer and a seller where the seller agrees to provide a certain product or service and the buyer agrees to provide some type of payment. Once both parties sign, the contract is legally binding, and the customer may sue if the terms described in the contract are not carried out. Sales contracts are common, and it is worthwhile for California residents to understand how they work.
Written agreements in many cases will contain provisions regarding remedies in the event of a material breach. A material breach in contract law is a failure to perform that irreparably breaks the contract and is often also referred to as a total breach. In the event of a material breach by one party to the contract, the other party reserves the right to terminate the agreement and go to court in an effort to collect damages related to the breach.
One way that a number of contract disputes in California actually start is when someone who feels they are getting the worse side of a deal say that they did not sign the agreement. Once a person states that they did not actually sign when they did, a large and expensive legal battle may ensue. However, by having a notary witness signatures to the contract, this is no longer the case.
Contract law can be complicated, but in its most basic terms, it helps ensure that what one person or entity says will be done for a specified amount of compensation will be completed. When one side or the other of the contract doesn't uphold their end of the deal, it can cause difficulties that are often resolved in civil court. Business law attorneys can help protect the interests of the contract dispute participants, but they are also able to review contracts prior to signing.
Back in June, we told you about the BottleRock festival in Napa Valley, California, that had turned into a huge litigation mess of contract disputes over unpaid debts. That story continues today, with the rock festival's organizers still making promises and not delivering payments.