Corporate Counsel & Litigation
Corporate Counsel & Litigation Attorneys in Frankfort, Kentucky
Johnson Branco Brennan & Collins, LLP serves as transactional counsel and litigation counsel for businesses in Frankfort and across Kentucky. Our attorneys advise on commercial agreements, service contracts, day-to-day legal needs, non-compete agreements, and other business arrangements, and represent clients in contract and commercial disputes.
Areas within Corporate Counsel & Litigation
What makes a contract legally enforceable in Kentucky?
A legally enforceable contract in Kentucky requires an offer, acceptance of that offer, and consideration, something of value exchanged by each party. The parties must have the capacity to contract (be of legal age and sound mind), and the contract's purpose must be legal. Some contracts must be in writing to be enforceable under Kentucky's Statute of Frauds, including contracts for the sale of real estate, contracts that cannot be performed within one year, and certain other agreements. An oral contract can be enforceable in Kentucky for agreements not covered by the Statute of Frauds, but proving its terms is often difficult.
What happens if one party breaches a contract?
A breach of contract occurs when one party fails to perform their contractual obligations without legal justification. Remedies for breach include compensatory damages (putting the non-breaching party in the position they would have been in had the contract been performed), specific performance (a court order requiring the breaching party to perform, typically available for unique property or situations where damages are inadequate), and in some cases, consequential damages for losses flowing from the breach. The contract itself may specify the remedies available or limit them.
Are non-compete agreements enforceable in Kentucky?
Non-compete agreements are enforceable in Kentucky if they are reasonable in scope, geographic area, and duration, and are supported by adequate consideration, typically continued employment or the provision of trade secrets or specialized training. Kentucky courts will not enforce a non-compete that is overly broad, but they may modify an unreasonable agreement to make it enforceable rather than voiding it entirely (the blue-pencil doctrine). Whether a specific non-compete is enforceable depends on its specific terms and the circumstances surrounding its execution.
Frequently Asked Questions
Common questions about corporate counsel & litigation in Kentucky.
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