Legal Question in Business Law in Minnesota

contract

I have a contract with a company in Illinois. I live in MN. I want to change the contract from them and I to them and my LLC. What state should the contract addendum be from?


Asked on 2/01/07, 10:16 pm

2 Answers from Attorneys

John Jesperson Minnesota Lawyers - Jesperson Law Offices

Re: contract

Thank you for your question about the modification of your contract.

I would need more detail to properly answer you question, and in particular, I would need to see the current contract. As a general matter, any modification of the existing contract would probably require the consent of the other party. And depending on the nature of the contract, the other party may be reluctant to the modification you have requested if you have a financial obligation under the present contract. In other words, the other party may specifically require that you personally be obligated on the contract, since it could be more difficult to collect from an LLC in the event of a breach.

Further, whether Minnesota or Illinois should be chosen as the "governing" law depends on the nature of the contract, type of business, and other factors. I would not necessarily recommend you choose to have Minnesota law control, merely because you live here. And again, this is something you may not have the unilateral right to determine -- the other party may have to agree.

If you have further questions, please feel free to contact me. My contact information is below.

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Answered on 2/02/07, 11:28 am
David Anderson Anderson Business Law LLC

Re: contract

From your perspective you would want MN contract law and provisions favorable to you added.

I would need to see the original to advise you.

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Answered on 2/01/07, 10:21 pm


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