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Contract Disputes and Property Disputes in Wyoming
Wyoming contract disputes are conflicts regarding legal agreements such as buy-sell contracts, non-compete agreements, and employment contracts. These disputes are heard and settled in the Wyoming District Courts. Property disputes are disputes concerning properties such as boundary lines, lease agreements, etc. These cases are usually filed with the Wyoming Circuits Courts.
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What are Contract Disputes in Wyoming?
In Wyoming, contract disputes refer to any disagreement between two or more entities regarding business or personal contracts. Generalt, Contracts are valid only when the parties involved are prepared to comply with the stipulated terms and conditions. However, if either or both parties disagree, then there is a contract dispute. Disagreements could lead to either party seeking remedies for actual or anticipated damages resulting from the conflict. The plaintiff will be required to file the action in the appropriate district court in Wyoming.
What are the Most Common Contract Disputes in Wyoming
In Wyoming, just as most other states in the US, contract breach is the most common contract dispute. However, there are other contract disputes in the state, and below are some of these conflicts:
- Construction contracts: These are contract disagreements between the workers of a construction company and their employer
- Financial contracts: These are disagreements between money lenders and the borrowers
- Buy-sell of merchandise or services: Dispute of this sort involves buyers and sellers concerning the sale or purchase of a product or service.
- Insurance: This type of dispute occurs among persons paying for the insurance services and the company itself. Some examples of these conflicts are insurance fraud, bad faith claims, wrongful death & property claims, etc.
- Leases: This generally has to do with leased or rented spaces between the property owner and the company.
- Shareholders/partnerships: These are managerial disputes between shareholders and the business partners
- Non-compete contract: Non-competes are contracts that state that if the employer fires the employee, that person cannot work for any former employer’s competition. These are highly disputed in the state.
- Non-disclosure agreements (NDAs): NDAs are common and have to do with a party to the contract disclosing a company’s confidential information to another organization or person.
What is Wyoming Contract Law?
The Wyoming Laws cater to issues concerning the formation of contracts and their enforceability in the state. An agreement or contract is legal when the concerned persons understand the obligations and terms outlined and are willing to comply with it. If the considerations are not even or mutual, such a contract may be brought to court. Generally, a contract can be defined as an offer of obligations agreed to by parties with a mutual interest. Pursuant to the constitution of the state, all legally binding contracts must contain:
- An offer by either or both parties
- The acceptance of the offer
- Consideration as in goods or services of equal value to be exchanged
What is a Breach of Contract in Wyoming?
As stated in 3–3–610, a breach of contract is when the consenting parties to an agreement fail or refuse to do what they agreed to do. The following are the types of contract breaches in the state:
- Material breach: This is when one party fails to execute the duties outlined in the agreement, which results in the contract becoming irreparable. The other individual affected by this act has the right to sue the other person for damages resulting from the contract breach.
- Minor breach: Otherwise known as an immaterial breach, this is when the core of the agreement remains the same. The concerned parties must still follow-through with the contract obligations when there is a minor breach. However, the party that did not infringe on the agreement may still sue for damages.
It is not only when the terms of an agreement are not performed that there is a contract breach. When obligations are not executed on time or specified in the contract, such may be termed as a breach of contract. To file for breach of contract in Wyoming, the following conditions are necessary:
- The agreement must be legally binding.
- The plaintiff’s performance
- There must be evidence proving the breach resulted or would result in damages.
What are the Remedies for a Breach of Contract in Wyoming?
The following are the remedies available to persons that successfully litigate for breach of contract in Wyoming:
- Money Damages: This refers to the payment of money by the breaching party to make-up for violating the contract. The plaintiff will be paid a value equivalent to what would have been earned had the contract been maintained. Punitive and compensatory damages are the two types of money remedies available to plaintiffs.
- Restitution: This remedy was created to help restore the plaintiff to the proper position before the contract. Under the restitution principle, the accused will be asked to return any property or money received from the plaintiff. Restitution remedies do not compensate the plaintiff for losses.
- Rescission: This is when the court terminates the contractual obligations of the parties concerned. This remedy is usually employed in situations where the contract was agreed-to under duress, a mistake, or even fraud.
- Reformation: This is when a court changes or reforms an agreement to correct the contracts’ irregularities. Therefore instead of erasing the entire contract, justice is served through a contract reform.
- Specific Performance: This remedy involves the breaching party performing their obligations, as stated in the agreement. It is usually employed when money remedies cannot sufficiently compensate the plaintiff.
What Defenses Can Be Used Against a Breach of Contract Claim in Wyoming?
In Wyoming, some common defenses against the enforcement of an agreement or having to pay damages are:
- Enforcing the contract violates public policies
- The illegality of the contract
- The performance of the contract becomes impossible
- The agreement was made under duress or influence
- Lack of consideration in the contract
- The contract was obtained fraudulently
- Lack of capacity to contract
- The contract places limitations on recovering damages
What are Property Disputes in Wyoming?
Pursuant to the Wyoming legislature, property disputes can be defined as conflicts between neighbors, property owners, and buyers/lessees over personal properties or real estate. The most common property dispute in Wyoming are issues concerning boundary or property lines. The state has livestock districts, which sometimes affect fence laws and property line disputes.
What Are Some Common Types of Property Disputes in Wyoming?
The following are examples of common property disputes in Wyoming:
- Boundary line disputes
- Property title disputes
- Disagreements over inherited properties
- Contractor and home-owner disputes
- Landlord and tenant disputes
Property dispute cases are usually resolved in the state’s circuit courts. However, persons involved in these issues may choose to settle the case out of court.
How to Find Property Lines
Also referred to as boundary lines, property lines mark where one person’s property ends and another begins. Wyoming offers an online parcel mapping tool with which residents can pinpoint where their property begins and ends. Property surveys and deeds also help residents locate their boundary lines. The local assessor or recorder’s office may also help with this issue.
How do I Find a Property Dispute Lawyer Near me?
Finding a credible property dispute legal advisor in Wyoming is important for anyone intending to file an action on the subject matter. Interested individuals can find information and reviews of dispute attorneys on the Wyoming bar association website. Also, there are several third-party sites offering details concerning property dispute lawyers in the state.