Most agreements are legally enforceable whether they are in writing or verbal form.
However, some contracts must be in writing to be enforceable. Oral agreements are highly challenging to uphold in court if there is no formal record of the offer, consideration, or acceptance.
When one of the parties listed in a contract does not fulfill their end of the bargain, that party
has violated the terms of the agreement, resulting in a breach of contract.
You must establish each of the following fundamental aspects of a breach of contract in order to prevail in court:
Existence of a legitimate contract: There is an existing and legitimate contract between you and the defendant. A contract may be verbal, implicit, in writing, or oral in the majority of states.
You were in the execution of the contract: You either fulfilled your contractual obligations or were excused from doing so.
The defendant genuinely broke the agreement: The party being sued failed to fulfill some or all of their responsibilities under the agreement, breaching the terms of the contract.
You can specify in your will who you want to be your children’s guardian after you pass away, or
you can compose a letter and store it with your other vital documents. Nonetheless, the
guardian will be chosen by the court if both parents have passed away. The judge will attempt to
choose the candidate you preferred, but will take into account what is best for your children.
The process of establishing the validity of a will is called probate. The validity of the will as the
decedent’s Last Will and Testament must be established in court during the probate process.
After starting the probate process, the executor will have the responsibility of proving
the will. A probate court will not permit the distribution of assets under a will unless its
validity has been established. A will is generally considered to be valid if it is in writing,
signed by a testator who is of legal age and witnessed. If the original will cannot be
located and there is additional proof of the legality of the will, the court may accept a copy. Wills that have not been witnessed may be accepted in some states with sufficient
Disputes between parties, including persons, that do not include criminal charges are
referred to as civil litigation. A lawsuit involving a business disagreement between two
or more entities is known as commercial litigation. It is possible to classify commercial
litigation as a subcategory of civil litigation.
Laws known as statutes of limitations specify how long after specific events a case may
be brought to court based on those circumstances. It is improper to file a lawsuit in court
if the limitation period has expired. If the case is started after the statute of limitations
has passed, the defendant or respondent may ask the court to dismiss it.
Litigation cases with small dollar claims may only take a few months to resolve. Cases
with larger dollar claims may take months or even years until they are resolved.
You must submit a Notice of Appeal within the time frame specified by your state to
begin the appeals process. Some further steps and documents must be completed after
you submit the Notice of Appeal, and likely these actions will likely also have deadlines.
If you can, speak with a local attorney to learn more about these procedures. If you are
unable to speak with a lawyer, many states have good appellate guidance for
unrepresented litigants on their judiciary websites.
The appeals procedure is expected to take between 8 and 18 months.
You should report an accident or injury as soon as possible, even at the
scene if you can.
The Florida statute of limitations for most personal injury claims is four years from the
accident date. You will be restricted from filing your case if you do not file within that
After an injury, you must get medical attention right away. It is your responsibility to
demonstrate that the accident or other incident led to your physical injuries. A personal
injury case requires extensive medical records as proof. If you wait to receive treatment,
you might not be compensated for all the damages if the opposing party can show that
your delay in receiving treatment made your injuries worse.
The specific defect must be considered. Certain flaws are blatant and are referred to as
“patent.” Some flaws are concealed or do not surface for several years after the
structure was constructed, also known as “latent.” Expert witnesses are generally
required to testify in order to establish liability for a building problem since their
expertise is the ability to examine the issue, identify the cause, and offer solutions.
Generally, construction projects will have many contracts involved. Each contract will
likely indicate who will be responsible for which kind of defect. The liability will typically
be put onto the subcontractors because it gets passed down the chain of contracts.
However, in certain circumstances, accountability can occur for any party participating
in a building project. The subcontractors, general contractors, architects, engineers, or
even the property’s owner can be held accountable. This is all contingent on whose
actions resulted in the said defect.
You not only can but you should. Normally, the homeowner or homeowner’s association
is responsible for preventing further damage to the property. If the plaintiff wins the
case, these expenses are recoverable. The defense of “failure to mitigate losses” may be invoked if ordinary maintenance and reasonable repairs are not performed, as they
may result in extra damages.
In most jurisdictions, a disclosure law requires a homeowner to tell a possible buyer that
the home is subject to litigation. Typically, homeowners may sell their homes during
such cases as long as the marketable title is unaffected by a pending legal action. To
understand your rights and assess the risks, you should speak with an attorney.
Yes, every truck driver is a candidate for insurance no matter their past driving record.
Permission is given with the knowledge of the possible consequences. This commonly
refers to the permission given by a patient to a doctor for treatment with full knowledge
of the possible risks and benefits.
No, if the doctor is at a hospital or their office they are not protected against legal action
under the Good Samaritan Law. They are only protected if they voluntarily, without
expectations or compensation, provide first-aid at the scene of the accident or
emergency that happens outside of the hospital, office, or other healthcare facilities. If
the doctor is grossly negligent, then this protection does not apply.
Not before speaking with a lawyer who specializes in auto accidents. You have the right
to tell an adjuster who contacts you that you will not give a statement until you have
spoken to your lawyer.
Benefits will most likely end if the employee’s return to work results in pay that
is equal to or higher than what they were making before the injury. Yet, the individual may continue to receive wage loss benefits if they are still losing money at work as a
result of their injury.
Although workers’ compensation covers the majority of accidents, benefits may not always be paid if an employee suffers injuries as a result of drinking or using illegal drugs, if they violate company policy, if the employee is committing a crime, or if the injury was the result of an intentional act.
Each state has specific laws about this, but generally, if the injury is within the scope of
employment it is covered. Such as, if something happens when running an errand for
your boss, or if you get injured at a hotel you are staying at for work, then you may be
eligible for compensation.
Your requirement for general liability insurance will vary depending on your business’s
size, type, and number of employees, as well as, the sort of clients you frequently serve.
Nonetheless, a lot of small firms choose the typical general liability coverage of $1
million / $2 million.
The law does not require general liability insurance to be purchased. Hence, certain
people you do business with may have this as a requirement written in their contracts.
This insurance is also required to apply for specific professional licenses.
Yes, an insurance company can be held liable for bad faith in response to basic
negligence in a third-party claim. If an insurance company carelessly responds to a
time-sensitive demand, they could be held liable for negligence, as well as, bad faith.
In order to hold insurers responsible for their duty to their insured, bad faith laws are in place. They are designed to push insurance providers to fulfill their obligations and adequately deliver coverage for legitimate claims.
When your own insurance company fails to give you complete coverage, this is referred
to as first-party bad faith.
When an aggrieved party who is not the insured sends an insurance carrier a claim for
reimbursement because of the wrongdoing or negligence of their insured, and these
legitimate claims go unpaid, this is referred to as third-party bad faith.