Law & Society

A contract by definition is an agreement between two or more parties, which if it contains the elements of a valid legal agreement, is enforceable by law or a binding arbitration. A contract is also an exchange of promises with specific legal remedies for breach. A breach of contract can include compensatory remedy if one of the parties within the contract defaults.

An oral agreement between two parties can constitute a legal binding contract as much as a written. The limitation is that with a written agreement, parties have material evidence to prove the terms.

Contract law is classified as a general law of obligations. The contract defines the obligations between two or more parties.

The eight key requirements for the creation of a contract are:

* Agreement (Offer and Acceptance)
* Capacity to contract
* Consideration
* Legal purpose
* Legality of form
* Intention to create legal relations
* Consent to contract
* Vitiating factors: Mistates, undue influence, misrepresentation, duress

A contract is also an offer and acceptance. One party makes an offer and the other accepts. This is also called a concurrence of wills or ad idem. There are also unilateral contracts whereupon obligations are imposed upon one party upon acceptance by performance of a condition. With this type of contract, offer and acceptance, it does not always need to be expressed orally or in writing. It can also be considered an implied contract. An implied contract can take two forms. The first, a contract which is implied in fact. This means, the circumstances imply that parties have reached an agreement even thought they have not done so expressly. An example would be if a person goes to a doctor for a checkup and agrees to pay a fair price for the service. If that person refuses to pay, he or she has breached a contract implied in fact. If one refuses to pay after being examined, they have breached a contract implied in fact.
A contract that is implied in law is also called a quasi-contract due to it not truly being a contract but rather a means for the courts to remedy situations in which one party would be unjustly enriched we he or she not required to compensate the other.

Other contracts that are not written include verbal exchanges, which again can be either implied in fact or implied in law and are legally binding. Some jurisdictions have rules or statues that may render valid oral contracts unenforceable. This is typically the case in oral contracts involving large amounts of money or real estate. Such oral contracts violate the common law statue of frauds which state statues require certain contracts to be in writing. For example, if a person agrees to buy a car for $9,000 in a jurisdiction which requires a contract for the sale of goods over US $500 to be in writing to be enforceable.

Contracts that do not meet the requirements of common law or statutory Statutes of frauds are unenforceable but are not necessarily thereby void.

Getting a contract in writing, even though it may qualify as a verbal agreement, can reinforce both parties stance and help them stay out of courts in cases of disagreements. Most contracts should cover a few key points that include: if a contract for the purchase or sale of goods, terms involved such as time and place of delivery, time and method of payment, product description and unit price. Contracts should also outline clearly who is doing what and when, what parties are not going to do, how much is being charged and when payment is due.

Owner responsibility for a dog bite in Montgomery

You were bitten by a dog—or perhaps another animal—and were seriously injured as a result. Now the owner of the animal is denying any responsibility for your suffering and is saying that he or she will not pay for costs related to your injury.
You know that this is unfair. But is it legal? Below are some important Alabama dog bite laws to consider if you suffered a dog bite in Montgomery or elsewhere in AL:

• You must have been lawfully on the property where you were attacked. If you were not, the owner may be able to deny liability, and you will not be eligible to collect any compensation for your injuries.

• You need not have provoked the animal. Whether you intentionally or unintentionally instigated the attack, you may still be entitled to damages. The law recognizes that sometimes attacks occur out of the blue without any actions on the part of the victim.

• The owner must not let his or her animal run free if he or she has prior knowledge of its harmful behavior. In other words, if the owner had reason to believe that the animal might bite people, and through intentional or negligent actions still let the animal run loose, then that owner can be held liable for any injuries caused by their pet.

• It may be against the law to let the animal run free at all. Depending upon where you live in the state, letting a dog or other companion animal run free at all may be considered illegal, thus increasing the liability and potential penalties for an owner that lets his or her animal do so.

Contact an attorney about your dog bite in Dothan, Selma, Auburn or Montgomery today
If you suffered an animal attack in Auburn or elsewhere in Alabama, you should consult an attorney who has the experience it takes to win your case. Let the law firm fight for compensation for you pain and suffering. Contact a Montgomery animal attack lawyer today for help with your dog bite injury claim.

Narragansett, RHODE ISLAND - Asbestos abatement is scheduled to start on August 23 to clear the City Seaside North Pavilion of the hazardous mineral.

The Pavilion was produced in the 1950s when asbestos was made use of as a construction material. There is asbestos present in the walls and roofing of the website which could lead to hundreds of people turning out to be infected.

Earlier strategies to deal with the contaminated framework had been dismissed in June due to conflicts with the proposal that was tentatively going to expense $9.five million. The Town Counsel agreed to repair the Pavilion at that time.

The city has hired Vortex, an asbestos removal corporation, to take care of cleaning up the site. Vortex has confirmed the presence of friable asbestos in the framework but manufactured mention that it was enclosed, therefore, not posing a chance to people at the website.

The company strategies on covering up the asbestos in the walls and roof instead of removing it so as to not release its hazardous fibers.

Wellbeing precautions for park visitors are by now underway. City Manager Grady Miller assures that "The Parks and Recreation Department is in the course of action of notifying pass holders by letter about the challenge to alert them about the situation and to inform them that the changing rooms will be unavailable to them for the duration of the venture. Through the challenge, the restrooms, first aid spot and concession stand will stay open to the public as they are outside of the challenge region."

Asbestos is acknowledged to induce a number of wellness risks, such as mesothelioma cancer. Sadly there is no cure for mesothelioma but if treated early, the odds of survival increase drastically. If you or a loved 1 have or believe to have been exposed to asbestos or presently have mesothelioma cancer, get in touch with a mesothelioma lawyer immediately for assistance.

The Monks Law Firm, PLLC provides excellent legal service to clients with criminal law, family law, traffic tickets, will and estates, personal injury and immigration problems while emphasizing responsiveness to client's concerns and value.

Steve Monks, the manager of the firm, is licensed in North Carolina and Texas with over 23 years of diverse legal practice. Steve is an experienced litigator having taken more than 200 cases to trial. Steve understands litigation from both sides having served in a judicial role as a Special Master; he is a certificated mediator, is a continuing legal education instructor, author of published legal articles and has spoken on radio and television regarding legal issues. The Firm has 5 attorneys who assist clients with the Firm and in particular, Hablamos Espanol. Additionally, we understand not everyone can pay expensive legal fees so we provide pro bono consultations to client's every month in Durham, Carrboro and Roxboro.

The firm operates offices in Durham, Chapel Hill, Knightdale, Roxboro and Graham.

Fixed Fees: Legal fees are high enough without the added stress of the uncertainty of having to pay the traditional hourly-rate fee. We evaluate a case and then provide a guaranteed fixed rate fee. Then, the parties can concentrate on solving the legal problem instead of worrying about the bill.

Litigation Coach: Still can't afford the fee? You really just want someone to draft the documents and give some pointers for court? The initial evaluation includes a discussion about how the Firm can produce the legal documents and "coach" the client to represent themselves in mediations and in court. This reduced fee approach is often very effective and can give a client an advantage when negotiating against an adversary that is paying a lot of money for their attorney.

Whether it's "full-service" or the "litigation coach option", we look forward to assisting you to favorably resolving your legal problems.

Many U.S. lawyers for the defense begins as a legal public prosecutors for the state. The public prosecutor as a representative or agent of the state is available, in the interests of the victims, but not directly on behalf of them. Criminal proceedings in which there is aProsecutor not to pay the claimant, as such, as the party that brings the charges against the defendant, is an agency of the Community. If a party is responsible for a crime and can not afford a private U.S. defenders, state or country to appoint a lawyer would like to assign counsel in accordance with the defendant. Although there are many capable state-appointed counsel, the parties have to pay rent usually means their own defenders.

In criminal proceedings, the work of the U.S. DefenseLawyer is shedding his client dynamically with the law over the objections of the prosecution case to defend. It is for the prosecution to induce the judge beyond a reasonable doubt that the accused is guilty, too. The defender does not provide the integrity of its customers, as it reads the law that a person is guilty by default as to guilt. However, if a record is kept, which could be a clear client, it is up to the U.S. defenderbring out this evidence, if possible.

In a civil trial scheduled, the work of a defense harder than the threshold will reduce the debt at a 51% prevalence, or probability that the defendant paid to the crime. Often, when defendants are resident "innocent" in criminal trials, follow the victims civil remedies for any monetary reimbursement. Civil courts do not give them to prison statement.

While a prosecutor might be a decent wage to make a high profile California counsel, isone of the most profitable career in law. defendant with assets that are likely to face prison terms, seeks to pay the outstanding lawyers ensure that the potential opportunities to avoid jail. Cases, which for months could cost the defendants millions of dollars. A glamorous American defender is also regularly a celebrity because of the popularity of his cases

The field of healthcare has continually proven to be a challenging one for the general public. Not only are there cases of negligence committed by healthcare practitioners, there are many instances of medical accidents as well. For example, we have heard the horror stories about instruments being left inside the body after the doctor has sewn it up post-operation. At times it seems like the representatives of healthcare companies are there to confuse a customer instead of helping them with their ailment.

Here's where clinical negligence solicitors can help.

Solicitors for clinical negligence have a specific role assisting those who have endured the effects of medical negligence. People in this profession do everything from bringing negligence cases against hospitals, doctors' offices, and dental practitioners, to handling claims against doctors who practice alternative medicine.

Where does a medical victim go to find the clinical negligence help he or she may need?

As a team of clinical negligence solicitors, Barlow Robbins Solicitors offers the maligned person an online source containing plenty of information on all kinds of negligence cases, including those for injuries as serious as brain injury and spinal injury.

Barlow Robbins represents a variety of clients ranging in age from adolescent to adult. These people have received treatment of some kind, but their treatment either didn't have the result expected for their condition, or it made the situation altogether worse for the patient.

Because there are so many different kinds of medical negligence cases that occur, Barlow Robbins has employed experts who can help in any arena.

Brain injury solicitors are just one team of experts. This group works on circumstances involving the most important part of the body. Brain injuries can happen for a variety of reasons such as no oxygen at all (anoxia) or a reduced amount of oxygen (hypoxia) during the birthing process or a surgical procedure. Barlow Robbins has a team of solicitors ready to help.

Spinal injury solicitors make up another team of experts. A spinal injury occurs in instances including car accidents, sports mishaps, or a fall of some kind that damages this part of the body. Yet there are also times when an injury of the spine is due to a mistake during surgery. This is where the Barlow Robbins team steps in to help.

Visit the website today to contact our clinical negligence solicitors' team which includes brain injury solicitors as well as spinal injury solicitors, and find all information needed to bring a medical claim.

"It is by depending on the federal criminal lawyers in Arizona you will be in a much better scenario to understanding the criminal charges which have been made against you."

The criminal law in Arizona defines that even if there are charges made against you but you will stay innocent according to law till the time those evidences are evidences not proven. Quite ideally therefore you need the federal lawyers' phoenix to take of such situation. So how do you do this and find out the best federal lawyers Arizona? Well, its simple follow the most practiced method i.e., research well.

Based on the friends and family you can start looking criminal defense attorneys' phoenix through referrals. As they say, word of mouth stands as one of the best ways to find out the experienced attorney to fight your case.

And if you do not know anyone or confused whom to ask then get in touch with the Arizona bar Association and find out the names of some attorneys that you could use. In fact they will be able to give you a complete list of Arizona criminal appeals to cater to your requirement.

As per the Arizonian criminal law, right after the filing of the criminal charge the case is brought to the courthouse for the pre trial hearing. And this is where the criminal defense attorneys' phoenix plays their part. Get in touch with an Arizona criminal lawyer, prior your pre-trial hearing so that you can atleast decide on the correct way of pleading.

Think once- you are behind the bars just because of the complaint lodged against you. Finally the court has ordered your arrest. Now think deeply because it's important to answer the charges made against you. The fact is such circumstances are traumatic yet these are not myth and are pretty realistic picture. In such time it's better to keep your cool and get the services of a criminal defense lawyer.

It is by depending on the federal criminal lawyers in Arizona you will be in a much better scenario to understanding the criminal charges which have been made against you. Quite ideally therefore having a decent criminal lawyer phoenix offers you a better chance of either winning the case or atleast in reducing the impact and the punishment which you might face. So it is indeed important that you take as many steps as you can to zero down on a decent criminal attorney Phoenix if you are being accused of a crime within the area. Like an experienced friend your lawyer's presence is also required after when you are arrested and even during the interview process. The criminal law requires this for your security.

With being a landlord comes many responsibilities. If you are a landlord it is your responsibility to ensure the safety of your tenants, and there are certain legal guidelines that must be adhered to.

A landlord will have an agreement with their tenants. This will usually consist of a written documents signed by all parties. It is legally binding so the terms within it need to be carefully considered. There are certain details that must be included by law, and other things can be included at the landlord's discretion. This can include certain rules as to what must be done and what cannot be done by the tenants. For example, a landlord may decide that their tenants are not allowed to smoke in the home. Whichever landlord responsibilities are laid out in the tenancy agreement must be kept to, otherwise you are breaking the contract with your tenants.

It is the job of the landlord to make sure that all necessary repairs are made. This is not the responsibility of the tenants. For example any structural repairs must be completed as well as other repairs to things such as plumbing. Although tenants must look after the home with due care, natural damage does take place and this is the responsibility of the landlord.

Almost all landlords require a deposit before tenants move in, possibly the equivalent of two or three months rent. This is to cover any damage caused by the tenants or if they should leave without giving due notice. When this is the case the landlord can keep part or all of the deposit; whatever the equivalent to the financial loss is. If this hasn't been the case, though, it is the responsibility of the landlord to make sure the deposit is kept safe, so it can be returned to the tenant when they move out.

Safety is obviously important in any home and in most cases this is the responsibility of a landlord if they are renting a home out. There are many regulations that cover different aspect of safety. These include rules relating to gas, electrical and fire safety.

Under the Gas Safety Regulations 1998 there must be an annual gas check in all rented homes. All gas appliances must be checked to make sure they can be safely used. Gas appliances common in rented accommodation include boilers, radiators, gas ovens and gas fires.

All electrical appliances supplied by a landlord must be safe to use. Typical electrical appliances in a rented home include fridges, freezers, washing machines, ovens and microwaves. If appliances are the property of tenants then they are not the responsibility of the landlord. PAT testing is the best way to insure electrical appliances are safe to use. These are tests carried out on appliances such as those mentioned above. Professional PAT Testing Companies can be hired to carry out these tests.

If someone causes a car accident and it leaves you injured, you have the right to make a car accident compensation claim. And you should - being injured is bad enough without you forfeiting pay or having to cover expensive healthcare costs.

Compensation is awarded after considering the extent of your injury and the knock on effect, such as healthcare expenses, loss of earnings etc. You could also make a claim to cover the cost of repairing or replacing your car.

The idea of compensation is to help your recovery by removing the financial stress of paying to care for your injuries. However, if you're going to make a car accident compensation claim, you must do so within three years of the accident.

The most common injury sustained is whiplash, caused by a sudden force jolting your head. It causes pain, stiffness, restriction of movement, headaches, muscle spasms, back pain, lethargy and nausea. It can take weeks to heal, and in some cases months or years, which is why people claim for compensation; often the pain is so severe they can't work and need to make up loss of income.

Don't forget, if you are injured, you must report this to the police. It's a legal requirement. You should also go to the hospital or visit a doctor so you can have a medical assessment, and be treated if necessary.

If you decide you want to press ahead and make a car accident compensation claim, you need as much evidence as possible to prove they were responsible. You need names, addresses and telephones of any witnesses, and take photographs as evidence. Also, keep receipts if you will be claiming compensation to reimburse you for the expense.

The main thing to keep in mind is to choose a legal company you trust to represent you after you've made your car accident compensation claim.