Contract Disputes and Property Disputes in Alaska
In Alaska, disputes regarding contracts occur when parties to an agreement disagree on the terms and conditions. Property disputes, on the other hand, has to do with real estate conflicts. Generally, these contractual and property disputes occur between companies, property owners, individuals, and the government. Contractual disputes may give rise to a claim for breach of contract, and such claims may be filed with either the Alaska Magistrate court or District courts. However, the Alaska small claims court caters exclusively to breach of contract and property damage issues. Disputes arise daily through-out all the industries. These often occur based on the following:
- Contract formation
- Contract interpretation
- Contract termination
- The failure or refusal of either or both parties to comply with the requirements of the agreement
When any of these happen, the business relationship usually deteriorates.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
· The name of the person involved in the record, unless said person is a juvenile
· The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
What are Contract Disputes in Alaska?
Contracts are legal documents agreed-to by two or more entities, clearly stating the expectations and requirements of all concerned parties in a transaction. Hence, a contractual dispute is when any of the parties disregard the agreement, and the other party seeks damages. Although most contracts are written, some are verbal, while others exist solely by the involved persons’ actions. In certain instances, disputes may occur due to varying interpretations of a clause in the agreement. The following are the types of contracts in Alaska:
- Fixed-price contracts
- Option contracts
- Aleatory contracts
- Adhesion contracts
- Unconscionable contracts
- Unilateral & bilateral contracts
- Express & implied contracts
What are the Most Common Contract Disputes in Alaska
The following are the common contractual disputes in the state of Alaska:
- Non-compete agreements
- Non-disclosure agreements
- Landlord-tenant agreements
- Merchant-supplier disputes
- Consumer contract disputes
- Company contract
The Alaska legislature makes provisions for contract disputes occurring in diverse industries. One of such provisions is the arbitration agreement act. An arbitration agreement is a clause in a contract revealing that the concerned persons agreed to resolve a dispute out-of-court. Thus, the arbitration law instructs concerned parties on ways to formulate and enact such arrangements in Alaska.
What is Alaska Contract Law?
The Alaska contract law is the code governing the formation and legal enforceability of a contract in the state. The law also instructs on obligations embedded in the agreement (oral, written, or implied) among the concerned parties. Due to the uniform commercial code’s adoption, contract law regarding commercial goods transactions has become the standard. Generally, for a contract to be legal, the following elements should be present:
- Offer & Acceptance
- Consideration (exchange of goods or services of equivalent value)
- Mutuality of Obligation
What is a Breach of Contract in Alaska?
A breach of contract in Alaska arises when a party fails to fulfill any contract promise without a legal excuse. The wronged person has the privilege to file an action with the courts against the party that breached the agreement. Lawsuits regarding a breach of contract are filed with the local small claims courts in the state.
What are the Remedies for a Breach of Contract in Alaska?
Generally, contract disputes are settled with legal or equitable remedies. The legal remedies usually come as financial compensation, while with the latter, the concerned parties take steps to correct the matter. In an Alaska breach of contract, the damages, otherwise known as remedies available to complainants, will depend on the contract terms. However, the following are the remedies given to a plaintiff who successfully files for breach of contract:
- Legal damages: This usually comes in financial compensation and can be divided into two classes, which are punitive and compensatory damages. Compensatory damages are paid to cover any loss incurred by the non-breaching party. Punitive damages, however, are created to punish the party that breached. However, these are sometimes given together with compensatory damages.
- Equitable damages: Here, the court helps both entities correct all contract issues. This category of remedy normally includes specific Performance and rescission. Pursuant to AS 10.15.265, a “specific performance” remedy enforces the breaching party to fulfill all obligations stipulated in the contract. On the other hand, the rescission remedy essentially frees both parties from the agreement as it will be canceled.
What Defenses Can Be Used Against a Breach of Contract Claim in Alaska?
Sometimes a breach of contract claim may be false. If this is the case, the defendant will need to build a strong legal defense against the plaintiff. Defending a breach of contract claim in Alaska means the defendant or the representative must present substantial legal reasons to debunk the prosecutor’s claims. Below are some legal reasons used to defend against a false breach of contract claim in Alaska:
- The contract is illegal
- Estoppel (when the non-breaching party made a statement excusing the other person’s performance)
- The agreement is unconscionable
- Fraudulently induced to agree to the contract
- Lack of contracting capacity
- The agreement is indefinite
- Misrepresentation in the contract
What are Property Disputes in Alaska?
Alaska property disputes are instances when legal disagreements among property-owners arise concerning real estate and their assets. The properties involved in this conflict may be a pond, driveway, condominiums, deck, or a vacant lot. The dispute usually ensues between property-owners & neighbors, family relatives, trespassers, landlords, tenants, real estate developers & builders, or even the government. The Alaska property laws provide directives for the state’s residents when it comes to resolving these disputes.
What Are Some Common Types of Property Disputes in Alaska?
Below is a list of some common property disputes in Alaska:
- Property line disputes
- Fraud/non-disclosure of defects disputes
- Quiet title disputes
- Realtor & broker disputes
- Land use/zoning disputes
- Ownership Disputes
- Neighbor & easement disputes
- Foreclosure disputes
- Disputes regarding property purchase agreements
How to Find Property lines in Alaska
Otherwise known as boundary lines, property lines are specific points that pinpoint one person’s property begins and ends as well as that of the neighbor. These lines aim to determine the length and size of different properties in an area and safeguard against boundary line disputes in the state. Also, it helps shape the owner’s decisions as to where to position certain items and structures, i.e., fences. Residents in the state can find their property’s boundary line through:
- The Alaska department of natural resources interactive mapper tool
- The deed of the property
- Mapping tools provided by specific county assessors
- Land surveyors
How do I Find a Property Dispute Lawyer Near me?
It is advisable for persons involved in Alaska’s property disputes to hire credible property dispute attorneys who understand the state’s laws. Understanding the Alaska property laws can prove difficult to persons unfamiliar with it and the state’s court system. Having an experienced property dispute lawyer increases the chances of winning as they know the officials in the court and have a better understanding of the laws. Interested persons can find the names and addresses of Alaska property dispute lawyers through the state’s bar association’s official website. Alternatively, the state’s official site offers a directory of legal practitioners to interested parties.