By Attorney Jaclyn Kallie

There are three ways a contract can be breached, warranting a civil lawsuit in Wisconsin. These are:

• Failing to perform a task specified in the contract.
• Making it impossible for the other party to perform a task stipulated in the contract.
• Communicating an intent to not perform a task in the contract.

While these three criteria may seem clear cut, proving that one or more of them has been met is not always so easy.

By Attorney Jaclyn Kallie

Litigation refers to the activities and procedures of filing and prosecuting a court case. In civil cases, litigation involves a plaintiff seeking redress (compensation) from a defendant. A business can be included in all kinds of commercial litigation, but due to the cost of civil litigation, many businesses instead opt for mediation or arbitration. Business owners are understandably reluctant to engage in costly and possibly brand-damaging legal cases. However, there are instances where civil litigation is unavoidable. The decision to pursue litigation should always be made with the help of a knowledgeable attorney, and a business owner should consider all the relevant factors present in their potential case.

1. Is it Worth The Cost?

Any good business owner spends their money wisely. Litigation can be costly and time-consuming. A plaintiff may spend years in court pursuing a lawsuit, and much of an award resulting from a favorable verdict or settlement may go towards court costs, defeating the purpose of their claim. In other cases, a business that is a defendant might eventually win the case but have their ability to do business harmed due to a loss in reputation. In such circumstances, mediation or negotiation may be preferential.

By Attorney Jaclyn Kallie

Misrepresentation is the misstating of facts relevant to a property during a real estate transaction, and it is the most common claim made in real estate litigation cases. Misrepresentation typically takes the form of massaging facts to seduce the buyer into purchasing. Misrepresentation can include outright fraud, but it is mostly thought of as the gross exaggeration of the features relevant to real estate.  

Misrepresentation in Real Estate Litigation

Misrepresentation is a thorny issue, because it can be subjective. Real estate agents use hyperbole and exaggeration constantly when dealing with clients. A seller may use colorful language to entice a person to buy real estate, but if an exaggeration or misstatement has a significant financial impact, the buyer may have recourse to seek compensation. Misrepresentation mainly pertains to the hard facts and whether the approximation of the seller is more correct than wrong.  

By Attorney Chris Strohbehn

Civil litigation is the legal term for a conflict being settled in court. These conflicts can be between two or more parties, and they typically involve business deals and/or monetary disputes. If the parties, also known as the plaintiff and the defendant, cannot come to an agreement themselves, they will take the case to court to have a judge or jury make a final decision. Civil litigation cases have a specific procedure that is followed to ensure that all of the parties have a fair legal hearing.

By Attorney Jaclyn Kallie and Law Clerk Nathan Froemming

Contracts are important for any business, and if the terms of a contract are not followed, this can have a significant impact on a company’s bottom line. If a party is not meeting their contractual obligations, you might wonder what options you have. In a breach of contract case, you may be able to seek multiple types of remedies, including:

1. Liquidated Damages

Liquidated damages are available when the contract at issue has a clause setting damages in the event of a breach. While this may seem like a straightforward provision, there are often arguments that can be made that would call into question whether liquidated damages are appropriate under the specific circumstances in your case. For example, the contract may provide for liquidated damages only under certain types of breach.