Breach of contract complaints stem from disputes over stipulations that are articulated on a legally-binding document that had been previously agreed upon by two parties. This legal procedure allows one party of the contract to sue the other for shirking from the obligations stipulated in the contract that they’ve each signed before.
In general, a breach of contract complaint has a few basic components. The first, as was already stated, is that there should be a contract that both parties have agreed on in a previous occasion. Second, the party filing the complaint has performed their obligations, while the other party has failed to live up to their own set of responsibilities. Finally, it’s important to be able to prove that the breach to the agreement has caused damages for the party filing the suit.
When filing a breach of contract complaint, it’s important to keep several pointers in mind. Most complaints stem from the fact that some contracts have unclear stipulations, leaving it open for various interpretations. In these scenarios, the party filing the complaint will have to establish how the contract was first fashioned in order to satisfy the court’s requirement that contracts need to be both certain and definite. The complaint should also describe the parties involved in the signing of the contract. For example, if the contract in question is an employment contract and the complainant is an employee of a particular company, it would be good practice for the petitioner to describe their place of work and provide other pertinent details about what type of company it is.
Another important component of a breach of contract complaint is the concise but meaningful explanation of the damages incurred due to the breach in the agreement. The petitioner will need to explain how the other party has caused them harm. It would also be helpful if some sort of estimate can be made with regards to monetary value.
Damages can be explained as direct, consequential and incidental. Include an explanation of your harm and an estimate of its quantification if you can. Otherwise, include such information as is necessary to show that you are in the right court. In many cases, the exact harm caused is the subject of expert testimony that is not yet available when the complaint is filed.
Of course, as with any type of legal action, filing a breach of contract complaint won’t be an easy endeavor. As the commercial lawyers from Russo Russo and Slania point out, these cases often require the steady guiding hand of a qualified attorney to ensure that everything is properly conducted. Seeking out effective legal counsel can be a huge help in solving such disputes.Read More
When you are out riding your bike, it can be easy to lose focus especially with all the sights that you will see as you go towards your destination. Motorcycles provide an easy way to cut through traffic and reach your destination quickly. Even so, your safety should still be your priority. Of all the vehicles, motorcycles are the most prone to accidents. According to the website of Abel Law Firm, motorcycle accidents can result to serious and fatal injuries.
Driving a motorcycle is one of the fun things you can do but one of the most dangerous as well. You will never know what will happen when you are out on the road so it is better to be safe than sorry. Here are some safety tips you need to bear in mind when riding a motorcycle:
1. Wear the proper gear
By wearing the proper motorcycle gear, you can reduce the risk of a motorcycle accident. At the same time, it offers protection from distractions such as bugs, heat, debris, and weather.
Helmet. A helmet serves as the most important piece of gear. It protects you from head injuries, windblast, cold and flying objects. A helmet that protects the whole face is recommended.
Gloves. Gloves help protect your hands. Whenever you fall off the motorcycle, the first thing you do is extend your hands to protect your fall. Instead of breaking your hand, you are likely to come away with just a few scratches.
Boots. Boots protects your foot and ankle from injuries and also gives you a good grip on footpegs and road surfaces.
Jacket & Pants. The jackets and pants helps protect you against sunburn, road rash & winduburn. Wear light colors or reflectives to increase your visibility especially at night.
2. Be as comfortable as you can.
Comfort is an important consideration when riding a motorcycle. The height of the handlebars, seat paddings, leg positioning is important in ensuring a great ride for you.
Riding a motorcycle is fun but all that will change when you get involved in an accident with another vehicle. Always consider your safety and you can have fun with your bike for as long as you want.Read More
Many families often want to make sure that their elderly loved ones lives comfortably, safely and that they are getting the care they truly deserve. This also often applies when families are looking for assisted living communities.
When looking for an assisted living community, families should see and feel for themselves the actual condition of a facility. Before making an actual tour of a particular assisted living facility, the SeniorAdvice.com said that is a good idea to look first at the basic statistics associated with a particular facility to find out if it will surely meet all the care needed by an elderly loved one. Upon making a tour schedule, families may also want their elderly loved ones to join the tour for them to actually have a clear sense of the environment. If possible, make a tour appointment to an assisted living community when a special activity is taking place. Upon checking calendar events, families may find out if their elderly will enjoy the kind of activities the facility are offering and if the staffs are also enthusiastic with the events. Be observant about the entire surroundings of assisted living and note if it is clean enough. Try to find out if the facility is conforming to safety standards. If you notice anything unusual in the place and make sure that you are getting clear answers in every question you ask. During the tour, families may also want to eat meals that are commonly served in the assisted living community. It is critical for elderly to eat proper meals on time and that the food they are eating is nutritious and clean.
Critical information from a particular assisted living community may also come from other residents and other families. Making a thorough background check of a facility is important as spending for an assisted living is often expensive.Read More
Utilizing a bicycle as your primary way of transportation might be a powerful approach to conserving cash and receiving a good workout since odors are not emitted and they are better for the environment than cars. Yet, utilizing a bicycle comes with particular dangers, notably when you need to share the road with dangerous drivers.
Occasionally innocent bicyclists are harmed by dangerous drivers because they don’t honor prerogatives and the rights of cyclists’ property. In many instances, bicycle injuries are extensive due to the fact that they are subjected to the elements and are often being flung from their bicycle when hit by a driver. A bicyclist’s injuries can cost a lot of cash in the long term, making it extremely difficult to keep a secure fiscal state. But if another individual is the explanation for the cost of your injury, perhaps you are to get the monetary help.
According to the National Highway Traffic Safety Administration, bicycle mishaps can happen virtually anywhere, however they do most often appear in high traffic areas, like parking lots, parks, and traffic lights. In such areas, the possibility of a bicycle injury accident is raised, especially if motorists are behaving unsafely.
Hazardous Driving Behaviors
Many bike injuries happen as an effect of harmful car drivers instead of other riders. As a result, these behaviors often exhibited by hazardous motorists present great difficulties for bicyclists:
- Quick or harsh turns
- Not yielding to bikers
- Not checking blind spots before changing lanes
- Utilizing mobile devices while driving
These behaviors are inherently hazardous, particularly for cyclists who may possibly be incapable of considering defensive action. Based on the Sampson Law Firm internet site, cyclists have legal rights when they might be struck by a dangerous motorist.Read More
Uterine fibroids are often considered as a primary medical concern among women around 30 to 50 years of age. These non-cancerous tumors grow within the walls of the uterus and can cause several symptoms and complications. Fibroids can cause heavy bleeding during menstruation, longer and more painful menstrual cycles, pelvic and back pain, frequent urination, and enlargement of the lower abdomen. Fibroids can also affect fertility and cause complications during pregnancy and labor. These symptoms don’t usually appear for every patient. However, when they do, the patient has several treatment options.
One option available to women with fibroids is to undergo a laparoscopic procedure to have the growths removed from their uterus. This option significantly reduces the risk of infection and cuts down on a patient’s recovery time. In this procedure, physicians typically make use of a device called power morcellators to cut down the fibroids and make them easier to remove. Morcellators work through the use of a fast-spinning blade that breaks down fibroid tissues so that the tumor can be extracted through smaller incisions. While the device has proven to be quite effective in the extraction of benign growths in the uterus, recent findings show that morcellation isn’t without some significant risk.
Recent developments show the use of power morcellators can exacerbate the spread of uterine cancer in women. This concern was raised by the Food and Drug Administration through a statement issued in 2014. In their report, the FDA pointed out that morcellators can be very dangerous for patients with undiagnosed uterine cancer. The tumors caused by uterine sarcoma, metastatic leiomyosarcoma, and endometrial stromal sarcoma—cancer growths that are all particularly hard to diagnose—have very similar characteristics to fibroids. The fast-spinning blade of power morcellators that break down a malignant tumor will only cause the cancer to spread more easily.
In May 2015, the Wall Street Journal reported that the Federal Bureau of Investigation is probing into the hazards linked to the use of power morcellators. In particular, they are looking into Johnson & Johnson, the largest manufacturer of the said device. According to the FBI’s on-going investigation, it seems that the pharmaceutical giant has been aware of the potential danger caused by morcellators even before they pulled their products off the market the previous year. This development only bolsters the argument made on the website of Williams Kherkher, emphasizing the fact that medical device manufacturers must be held accountable for dangerous products that fall short and cause devastating outcomes.Read More
To perish before you are even given the chance to prove yourself as a person can be one of the cruelest fates that can befall a person – especially someone as innocent as a newborn child, someone who has yet to see the outside walls of a hospital and feel sunlight on his or her skin. There are some very rare instances wherein this kind of nightmare situation comes from genetics; there are simply some things that cannot be helped. However, there are some instances just the same wherein these circumstances are due to the negligence of someone else – and that is when the victims are warranted to pursue justice and retribution against the horrible wrong done unto someone so innocent.
Cases of that nature – birth injury, that is to say – are under the umbrella term of medical malpractice, which falls under the responsibility of personal injury. Things like this can get complicated as the legal attorneys that victims need to seek out are those who specialize in these kinds of complicated cases. The lawyers needed for cases like this need not only irrefragable knowledge of personal injury law that the court abides by (as the laws are subject to some discrepancies per state) but also confident knowhow on the medical jargon and the case at hand, in order to properly represent the case in a court of law.
According to the website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., in Florida, there are more people who die due to medical malpractice than car accidents. They have also gone on to state that one in every three medical mistakes results into the death of the patient. Hospitals are often backed up by insurance companies – corporations who have an array of lawyers who will do all it takes in order to make sure that the guilty party need not pay out the compensation that the victim so rightly deserves. This is unacceptable and justice serves only those who are in the right of it – the right kind of legal team will and should ensure this.
If you or someone you know has fallen into the unfortunate circumstance of having been a victim of birth injury or medical malpractice in general, it is recommended that specialized legal help is sought out in order to be given the best possible representation, and thereby awarded the best possible compensation to better recover from such a horrid incident like this.Read More
For many young individuals all across the US, spring break means time for great fun and great fun can mean skipping out of town to a perfect vacation retreat. While a long drive to another US state can be exciting, it is often necessary to first get to know the specific laws of the state one is planning to visit, especially its laws on driving, DUI, possession of alcohol or illegal drugs, which young vacationists sometimes use recklessly.
States may differ in treating or in punishing illegal acts, like DUI or minor in possession (MIP) of alcohol but, definitely, what is considered to be a crime in one state remains to be a crime in another. And, if caught committing an illegal act in the state visited, it is that state’s to be applied rather than the state where the violator resides.
Those who are caught, for instance, of possessing alcohol can be charged with possession of alcohol under the legal age (PAULA) or minor in possession (MIP). PAULA or MIP is a violation of the National Minimum Drinking Age Act, a federal mandate that was passed in 1984. This law forbids minors, who are below 21 years old, to possess or purchase alcoholic beverages in public (except under certain conditions).
The usual punishment of those charged for the first time with PAULA or MIP (so long as the offense does not involve public intoxication or DUI/DWI) is a fine not less than $100 but not more than $200. Repeat offenders, however, can be required by the court to render community service or participate in an alcohol education program or DUI school besides paying a fine. The suspension of driving privileges is also applied in other states.
On its website the Flaherty Defense Firm speaks about the many arrests made by police officers in Destin, a favorite spring break destination. These arrests become sources of much inconvenience to charged individuals as they would be required to make back and forth state to state trips just to deal with the charge made against them. While leaving Destin without first resolving the specific crime an individual has been charged with is a very unwise move, hiring the services of a dependable and dedicated Destin criminal defense lawyer is. First, being represented by such lawyer will eliminate the inconvenience of having to travel back and forth to Florida and, second, it is possible that the lawyer hired will be able to argue and convince the court to have the charge dropped instead.Read More