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A guide to Contracts Law

Article written by HPB Lega, legal news & articles

legal gavel and a business contract
legal gavel and a business contract

A contract is an agreement between two or more people who have a lawful objective to do something or purchase a product in exchange for a corresponding exchange of value.

For a contract to be legal they will have to fulfil the following elements:

Offer and acceptance – A contract will become legal when an offer by one party is accepted by another party.

Intention to create legal relations – Both parties must decide to enter a legally binding agreement

Consideration – There should be value for the promise of the other party. In this case the price should be something of value, but it doesn’t have to be monetary.

Legal capacity – Not all people are free to enter a contract for it to be valid. For example, minors, people who are mentally impaired, will involve problematic consent.

Consent – Each party must enter into the contract at their own free will and with proper understanding.

Illegal and void contracts – Certain types of contracts are illegal according to common law and therefore will not be binding. For example, contracts that involve committing a crime or fraud etc.

There are two main forms of recovery (compensation) when a contract is breached. Firstly, The party can receive damages or money to the value the party would have received if the contract had not been breached. Secondly, the party can request specific performance or that the other party must carry out their obligations under the agreement that was made.

 

Business Formation Law

State authorities regulate Business Formation Law in the US. Although there are many federal laws that affect businesses in the US, most state laws are very similar. Here are 3 types of businesses and the laws that affect them.

Sole Proprietorship – One person owns this form of business, therefore the business is in his/her name. Most often these businesses are small and include professionals, consultants, and other service businesses. Sole proprietorships under the law are not seen as separate entities and therefore there have no legal formalities for creation. The owner will have to report their income and expenses on his/her own income tax return. It is important to note that both the person’s assets and the business’s assets are subject to claims by the business’s creditors.

Partnerships

General Partnership- These forms of businesses are joint, which means that the responsibility, profits, and liabilities are shared by the partners.

Limited Partnerships – These are seen in businesses that need funding or those who are investing in real estate development. Limited partnerships require a written agreement. Each partner will invest funds and should receive a predetermined share of the profits. The maximum number of partners varies according to state law. A limited partner is “limited” in the potential loss, as he can only lose his/her entire investment.

Corporations – These are organizations created by the state and they act as an artificial person. This means that corporations can sue, be sued and can issue stock. Since corporations function as separate entities, they can only be liable for the debts and damages up to the corporation’s total assets.

 

Police Laws

Blog written by Barry K. Rothman.

Police Laws deal with the code of conduct and the regulations that law enforcement officials have to follow. These laws are monitored by agencies like internal affairs divisions and state attorney generals. Most police laws will deal with the use of excessive force, misconduct, not reading suspects their rights, corruption, interrogation practices, and police brutality.

Police departments are considered to be non-military organizations that are overseen by the government. The main task of the police is to handle domestic issues, and not handle foreign powers overseas, as this is a military function. Apart from the police department, other agencies like sheriffs, state troopers, city police, U.S. marshals, FBI agents can exercise police powers.

The main role of the police is to preserve order. Police are granted powers in the form of force to prevent crime and the power to impose fines to protect people and property.

Although these privileges are granted to the police, their actions must be closely monitored to ensure that they are acting within the law. Sometimes police can be tempted to engage in activities that they have been asked to prevent. Often police law will be similar to constitutional and human rights laws, as these are areas that police are likely to break. Often police break laws when they get frustrated with the inability and constraints of the law to resolve cases. They then take the law into their own hands to solve a case or to get a confession out of a suspect.

Blog written by Barry K. Rothman. Read Barry K. Rothman reviews online to see how this boutique law firm helps clients throughout the entertainment industry strike a fair deal.

The myths regarding domestic violence

Often people don’t understand that they are facing domestic violence at home as domestic violence is not only limited to physical assault and can include verbal, emotional, and sexual abuse. Here is a list of some of the misconceptions associated with domestic violence.

Domestic violence is always physical – Domestic violence can be emotional, psychological, verbal, and sexual. Often the abuse starts off as subtle and then escalates in severity.

Drugs and alcohol cause domestic violence – Drugs and alcohol can worsen the violent behavior as they lower inhibitions since many people consume these substances, and are not violent. Therefore, these substances are not the cause of the problem.

Domestic violence is uncommon – According to statistics one in every four women and one in every seven men are victims of domestic violence. As women have become more financially independent and know their rights, the cases of domestic violence have

Both parties share responsibilities in domestic violence situations – In many cases both parties are involved in the physical fight.

No one can stop domestic violence – People believe that the violence against women comes naturally to a man because they are more aggressive than their female counterparts. However, research indicates that men who are violent against women are men who have witnessed such situations in their families.

Domestic violence is a private matter – Domestic violence is not only a matter for the couple to solve. It is one that family and friends should show their support, by helping both parties mend their ways or help with professional assistance.

Litigation holds, what you need to know

A litigation hold is a directive from a body of law or authority to preserve certain documents matching a certain criterion, due to a pending investigation. Lawyers will get letters which state a “Litigation Hold Letter” or “Litigation Hold Notice,” both of which mean the same thing. However, you should also make your IT personnel aware that they must preserve certain documents

Triggers

Sometimes some events should trigger an instinct to preserve documents. Even before the lawyer sends a request to hold certain documents, if there is the word of a lawsuit or pending litigation, advise your technical department to immediately put litigation holds on the people you suspect are involved.

Time

You, the lawyer, and anyone else associated with the pending legal proceedings are all liable for sanctions if there are any delays on the part of preserving evidence. If due to a delay, key evidence is no longer available, everyone concerned is liable to sanctions and even charges like contempt of court. An important point to note is that the technology that powers email, document storage, and communications should allow indefinite holds.

Collect everything

Do not just put holds on emails. Consider the scope of the request to include all data within the time frame in the letter. This could mean everything from data storage, travel data, and even printed documents that the person in question submits to other departments.

Five tips to help you run a successful dental practice

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

Most dental practices get caught up in the day to day activities of running a practice and forget that they are neglecting their business. It is important that dental practice owners are aware of the way they are running their business and how it affects their patients revisiting the clinic and offering referrals. Here are some tips on how to run a successful dental practice.

What makes your practice unique? – It is important that you promote the services you offer and personalize them to each client’s needs. Start off with relevant social media content plus brochures that provide detailed information about your services.

Create an office culture – Identify your office culture by looking at your personality, your leadership style, values, and behaviors that shape your staff, then analyze how your culture reaches your customers. Consider including your staff in daily or weekly meetings to ensure that all employees are on the same page regarding dental standards and customer service.

Expand your services – Avoid overextending your practice but look at methods to increase your offerings by improving your technology, quality, and reputation. Avoid overextending to the extent that it affects your practice. The last thing you need is to deal with dental or anesthesia injuries.

Flexible financial options – Some patients have to undergo expensive treatments. Therefore they may want special financing options to help them manage their finances. Look at debit, credit, personal check, and cash.

Remember to engage – Look at offering your patients good quality services and ensure that you are contactable at all times in case of an emergency.

 

Is a polygraph test admissible as evidence?

Although many cases in movies use polygraph tests as evidence, in reality, a polygraph test is not admissible as evidence. The main reason behind this is the fact that a polygraph only measures the biological processes that occur when a person is questioned like a person’s blood pressure or heart rate variances. Although these indicators are considered to increase when a person is under stress when lying, they can also increase if a person is nervous.

To reduce false positives, law enforcement personnel are trained to ask questions in a way that the respondent cannot only answer yes or no. In some cases, people can also evade the detection of a lie by faking physical activity like sneezing when a person is not lying, causing the whole test to look inaccurate.

Due to this reason polygraphs have been challenged on several occasions, because the result of the polygraph can mean many things. However, lawyers still request for a lie detector test in some criminal investigations. In most cases the interrogator will trick the subject by indicating that the results are not in favor of the subject, this has often cause subjects to confess.

If, however, both parties agree that the result of the polygraph is admissible, it then can be used as evidence. Polygraphs can also be used to screen candidates for specific jobs that require a high level of security.

Disruption claims and delay claims under construction law

A construction project can be complicated since there are many parties involved in one single project. Most projects will include numerous owners, contractors, subcontractors, suppliers, and laborers to help create a building that meets all federal, state, and local regulations.

If a construction project gets delayed in one area, the problem can snowball into other areas of the project causing expensive equipment to be left idle, and manpower left unused. Often litigation is used when delays occur, and they are broadly categories as disruption claims and delay claims.

Delay vs. disruption – Delays are considered as single acts or events that cause conditions that cause the project to be delayed as initially planned. Disruption, on the other hand, can include the effects of a single problem or multiple other delays, and can also include interruptions to the supply line and other work activities. Both categories are linked as delays can lead to disruptions, and disruptions can lead to delays.

Making claims – To make a claim it is essential that parties are aware of their contract. To ensure your case is strong it is advisable to meet with a construction lawyer who will be able to determine if the claim is worthy, based on the delay or disruption. An experienced construction lawyer will be able to identify the end dates of individual projects and how the delay or disruption affects the construction plan.

Written by Lyle Charles. An expert in commercial and residential construction and managing construction delay claims.

How to say no to a police search of your vehicle?

Law enforcement officials can often intimidate citizens into voluntarily giving up their rights because police are trained to show authority when they interact with the public. Usually, if a police officer confronts a person, most people will experience nervousness, discomfort and become abnormally anxious.

However, it is essential that citizens understand their rights and what they are giving up when they conform to the requests of an officer. If a police officer stops you at a routine traffic stop, he has the right to check your driver’s license and your registration. The officer may then ask you if you have any illegal weapons or drugs in your vehicle. If you say “no” then the officer might ask if he can check your trunk. However, you can say “no” to this request, because legally the officer cannot force you to do something against your will. However, refusing to comply may result in resisting arrest offense.

Sometimes police officers will push citizens to accept their request for a vehicle check. However, saying that you do not consent to a search without a warrant, should make it clear to any officer that you are aware of your constitutional rights.

Although you may openly speak your displeasure, the officer may charge you with resisting arrest. But in most cases, the officer will try to continue to convince you to comply voluntarily. Your police officer can, on the other hand, ask you questions, look through your window and walk or drive in public areas.

What is an alibi and how it works?

An alibi is evidence that proves that the defendant in a criminal case was somewhere else when the crime occurred. The defendant will have to rely on a witness or evidence (camera footage) that he or she was at a different location at the time of the crime.

Although a defendant may have an alibi, they may choose not to testify personally, because they can be charged with other crimes if they are questioned further. In other instances, testifying may put the defendant at risk of the prosecutor attacking the defendant’s credibility and even highlighting prior convictions. Once a jury believes that the defendant may be lying, it can be difficult to change their minds.

However, the defendant offering the alibi as a defense will not assume responsibility to verify the alibi. This task rests on the prosecution and will require finding the defendant guilty beyond reasonable doubt. However, the judge and jury will weigh the credibility of the defendant with the evidence put forward.

Most states will require the defendant in criminal cases to disclose information and an intention to rely on an alibi as evidence at a trial. The process is called “discovery” and will provide prosecutors the opportunity to investigate the validity of an alibi and to prepare to undermine its credibility.

If you or someone close to you is charged with a crime, it is best to speak to an attorney who has experience in handling criminal cases.