Maryland Breach Of Contract Legal Questions

Bassed on the facts in your email, it appears that you would probably have the option of suing in either state (check your contract to make sure that it doesn't have a choice of forum provision, or an arbitration provision) so sue in the one which you think is most favrable/convenient  to you and/or least favorable/convenient to your adversary.  Better though, hire a litigation attorney and let him/her advise you on issues like this.... Read More

The Maryland statute of limitations on breach of contract is 3 yeqrs from the breach, i.e. 3 years from when she first missed a repayment.  If there was no date of repayment specified in your agreement, the Court will infer a reasonable time,and you would have 3 years from that date to bring your suit.... Read More

No.  It's unclear to me whether your friend has even defaulted on your loan.  It's also unclear whether you were granted a lien and just neglected to file it, or simply never received a lien.  They're not automatic; you can lend money unsecured.  Also, lien or no, you have  no right to repossess prior to judgment (awarded after you win a lawsuit) unless your contract says you do, so you would have to win a lawsuit before you could do anything with the truck.  In any event, the party who files their lien first has first priority, thus even if you had a lien and could foreclose on it, any judgmet of foreclosure, and any buyer in foreclosure, would take subjec to the senior lien, i.e. the first filed.  None of this, however, affects your right to sue your friend if he defaults on paying you back, it only affects your ability to use the truck to satisfy the debt if he can't otherwise pay you. ... Read More

Anybody can sue anybody for anything, and I don't know the facts or how the weddding was ruined, but it is very unlikely that you can successfully sue Men's Warehouse for any kind of consequential damages, let alone emotional damages.  Direct damages would be those arising directly from the wrongdoing (e.g. you paid $1500 to rent tuxedos which they didn't provide, your direct damages would be the lesser of $1500 or the difference between $1500 and the amount you had to pay to get substitute tuxedos).  Consequential damages would be damages arising indirectly from the wrongdoing (e.g. because Men's Warehouse didn't provide the tuxedos, the wedding was delayed and you only got 3 hours at the reception hall when you had paid for 5).  These can only be recovered in particular circumstances which don't appear to be present here, and may be specifically excluded in your contract with Men's Warehouse - check your sales/rental paperwork.  Again, I don't know the facts, but you appear to be writing about emotional damages, i.e. you didn't actually lose any money, but you felt that your wedding wasn't all that you had hoped.  Absent some egregiius intentional wrongdoing, you can't recover these damages.... Read More

Frankly, the only way to know what you can and can't do in a contractual situation is to have a very careful reading of the contract.  Especially if it is more than just a simple one page contract it really makes sense to have a lawyer take a look.  By the same token, since each contract is different, I can not imagine any lawyer worth his salt who would give any kind of advice on a contract that they hadn't personally read.  So, if the situation you are describing is important to you, then do the right thing and have a professional review it.  if it was merely idle curiosity that prompted your question, I suspect you will remain curious.... Read More

You should have an experienced attorney review your contract with the buyer to explore your rights.  One option may be to seek a judgment against the buyer for the unpaid balance, but the great likelihood appears to be that he does not have any money anyway -- so that may be a dead end.  Another option may be to take over the business again, based on some security interest you may have retained in its assets.  You may not want to do that -- you did sell the business after all -- but it may be a good way to recoup some of the losses incurred from the buyer's failure to honor his contract. Another concern here, of course, is that you may still have some liability on the lease.  You do not say whether your lease was simply assigned to the buyer or if he negotiated a new lease with the landlord. Again, a lawyer experienced with such transactions can review all the relevant documents to give you a better idea of your options and your liabilities.   Good luck,Sean... Read More

What does your contract say?  While I understand and appreciate your loyalty and commitment to your family member, her situation did not give you a legal excuse to cancel the contract.  While the company is apparently allowing you to cancel, unless it also agreed to refund your downpayment, or your original agreement gave you the right to cancel and obtain a refund, I don't see any obligation on the part of the dealership to refund your deposit. P.S.  I believe, but am not sure, that you have a statutory right to cancel this type of contract within, I believe, 3 days, but am assuming that you cancelled after that time had run out.... Read More

Did he start the job?  Did you pay him by cash or by check?  Depending on these and other factors (including your voicemails and text messages -- which you should save), there may be enough to support the existence of a contract, even if it were not formally in writing.  If so, you could have a breach claim, which you could bring in court and seek damages for the cost of completing the job.  Consult with an attorney - you may have a good case. Good luck, Sean... Read More

There is a statute of limitations on every civil cause of action.  In Maryland, the general statute of limitations for breach of contract is 3 years from the breach.  However, if the contract is under seal, the period is 12 years from the breach.  In cases like this, a debtor's acknowledgement of the debt (it may have to be in writing) may revive the limitations period.  For example, if the debtor texted you in 2013 that he/she would pay you back the remaining amount, you would have 3 years to sue from the date of that text.... Read More

Yes, you can, though the type of entity the dissolved business is may have an impact on how you proceed.  For example, a dissolved LLC may defend suits brought against the LLC and the members of a dissolved LLC become trustees of the LLC's assets for purposes of any debt or claim against the LLC.  The law is similar, though not exactly the same, for corporations.  You should make sure you are proceeding against the proper parties. Of course, that does leave the question of whether, if it is out of business, the company or the owner have any money to satisfy a judgment even if you were to prevail.  You will have to, at a minimum, determine what assets the company had before it dissolved and what happened to those assets when it did.   An experience business attorney may be able to assist with these issues, which can be a bit complicated.        ... Read More

Yes.  Unless the lease provides otherwise (it won't), each tenant has agreed with the landlord to be responsible for the full rent.  While the tenants may have agreed between themselves that they would each be responsible for a portion of the rent, that agreement doesn't affect their obligation to their landlord.  However, any tenant who pays more than his agreed share can sue those tenants who paid less for the difference. In some jurisdictions (not sure about Maryland), you would have a duty to mitigate damages.  In other words, you couldn't sue the absent tenant for her missing rent unless you had tried to rent the space to others and couldn't.... Read More

If the contract was valid before, ripping it up without your consent wouldn't change that.  If the contract definitely gave you the right to work 40 hours a week for a definite period of time (i.e. if the employer did not have the right to terminate at the time it "ripped it up"), and assuming that you did not materially breach the contract before it was "ripped up", it is still enforceable even though in pieces (although more difficult to prove).  If your employer does not allow you to work the contracted for 40 hours, you can sue it for breach of contract to recover any damages you suffer as a result.  However, if you sign the 29 hour contract, you are likely to be barred from seeking to enforce the earlier one.... Read More

You have a contract with the orthodontist to provide certain materials and services for a given price.  Unless your contract says that it is terminated if you move, or that you can terminate at any time without penalty, it is still binding on you. However, unless the orthodontist has already paid for the retainer, he/she should not be entitled to the full price, but only the damages he/she will suffer from your breach, i.e. the profit he would have made on the retainer (the amount he was charging you minus the amount he would have to pay the retainer company.)... Read More

Duress means that you did not freely agree, but were rather compelled by some threat (either economic or physical) to enter into a contract.  For example, if someone held a gun to your head and made you sign an agreement, the agreement would not be enforceable because you were compelled to sign by duress (barring any other factor, such as continuing to perform under the contract after the duress ended without seeking to have it invalidated).  While it is not necessary for the duress to be so extreme as a gun to one's head, it is nevertheless very difficult to show duress sufficient to invalidate a contract.  Hard bargaining or inconvenience will not be sufficient. ... Read More

This particular agreement is not legally binding in most jurisdictions because gambling is illegal, and illegal contracts will not be enforced.  However, if you had agreed via facebook to purchase your friend's car for $300, it would be a legally binding contract (barring contract defenses not presdent in your example, such as fraud, mutual mistake, duress, etc.)  Most contracts do not have to be in writing to be enforceable; there is generally nothing invalid about an oral agreement (although obviously more difficult to prove), so the added proof from a facebook chat makes it even more likely that the contract will be enforced by a Court.... Read More

The contract itself will likely control whether, and under what conditions, you can terminate the contract early.  It may also have provisions for damages if you choose to terminate the contract early and work somewhere else.  You should have a lawyer review the contract before you take any further action toward finding new employment or leaving your current place of employment. Good luck.... Read More

The non-compete may or may not be enforceable.  In most jurisdictions, it depends on how broad the clause is and many other factors.  For example, does the employee have special and unique skills?  Did the employee receive additional compensation for signing the non-compete?  Does the employee's new employment require him to utilize trade secrets of his former employer?  How long is the non-compete?  What is its geographic scope? Was the employee a former owner of the business? Etc. Also, sometimes courts will "blue pencil" an overbroad non-compete provision.  For example, if a court decides that a 2 year non-compete applying to the whole state is overbroad, it could invalidate the entire provision, or could cut it down to 1 year in the same county. That being said, if the clause is enforceable in Virginia, it should not make any difference that it is being enforced in Maryland. One more thing, which probably doesn't matter to you, but just in case it does.  California is different from every other state in that it will enforce a non-compete provision only in very limited circumstances.... Read More