Try to tuck this away in your memory bank with a trigger on it to leap back to the top of your dome the next time you enter into an agreement. Whether it is a lease, a purchase agreement, a loan, an employment agreement – any type of contract. I’m going to let you in on some glaring terms to look out for and try to either renegotiate or avoid (or, if you are savvy, maybe try to get some of these in to benefit you) to avoid getting totally rocked should you end up in litigation. ATTORNEYS’ FEES. In the US, each person is responsible for her...

I think it’s important to begin with a reminder of what makes a contract. See, generally, a contract is going to govern any business/consumer relationships, including your use of Facebook. When you sign up for Facebook, it makes you agree to its terms of use, which includes its Privacy Policy. That is your contract. That is what governs. So how did your relationship with Facebook become governed by this? The first thing you need for a binding contract is an offer. Facebook offered you to use its site as long as you agreed to its terms of...

You don’t need a signed document to have a binding settlement agreement. This was always a concern that needed to be considered with oral negotiations, which can amount to enforceable, oral contracts. But with the age of electronic media also came a flood of litigation about the enforceability of an agreement that is reached via email even if it is never signed by the parties on a paper document. For example: lawyer one sends lawyer two a proposed agreement that the lawyers think may eventually result in a “Settlement Agreement” to be...