Most agreements are legally enforceable whether they are in writing or verbal form, however some contracts must be in writing to be enforceable. Yet, because there is no formal record of the offer, consideration, or acceptance, oral agreements are highly challenging to uphold in court.
When one of the parties to a contract doesn’t 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 and will consult the kids.
The person designated in a will to carry out its instructions and manage the estate is known as the Executor. Other options for the Executor include a bank or trust business. There may be more than one Executor named in a will. A personal representative is another name for an executor in various places, including Florida.
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 in accordance with 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. Unwitnessed wills may be accepted in some states with sufficient proof.
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 referred to as commercial litigation. So, 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 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. Larger dollar claims can take many months or even years till they are finished.
You must submit a Notice of Appeal within the time frame specified by your state in order to begin the appeals process. There are further steps and documents that must be completed after you submit the Notice of Appeal, and likely these actions will 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 typically expected to take between 8 and 18 months.
You should report an accident or injury as soon as possible, even as promptly as 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 prevented from filing your case if you don’t do it within that time frame.
After an injury, it’s imperative that you get medical attention right away. It is your responsibility to demonstrate that the mishap 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 full 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 house was constructed, also known as “latent”. Expert witnesses are typically required to testify in order to establish liability for a building problem since they are knowledgeable about how to examine the issue, identify the cause, and offer solutions.
Typically, 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, liability can arise for any party participating in a building project in certain circumstances. The subcontractors, general contractors, architect, engineer, or even the property 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. In the event that 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 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. Thai typically refers to permission given by a patient to a doctor for treatment with full knowledge of the possible risks and benefits.
For granting informed consent, there is no minimum age limit. When a minor consents on their own, a healthcare professional should note in the patient’s medical file how they determined that the minor has the capacity to consent.
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 facility. 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 won’t give a statement until you’ve spoken to your lawyer.
  • Maybe, 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 pertaining to this, but typically 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 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, kind, number of employees, as well as the kinds 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. With that said, certain people you do business with may have this as a requirement written in their contracts. This insurance is also required to apply for certain professional licenses.
  • Absolutely, 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.