Virginia Breach Of Contract Legal Questions

If the property management company employed a landscaping company, and the landscaping company damaged your air conditioner, in theory you could recover lost wages as consequential damages if you can prove that you suffered those damages as a foreseeable consequence of the landscaping company's negligence.   This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. ... Read More

You can expect anytime that you file a lawsuit against anyone that they will try to find some way to strike back to offset your claim against them.  So, yes, this is pretty typical.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More

Probably. In all likelihood, an oral contract existed among the people who played in your fantasy football league, and in Virginia, oral contracts are legally binding. If the leage commissioner was holding the cash until the winner or winners were determined, he or she would be obligated to make payment pursuant to the agreed-upon terms for your league's winner distributions. Furthermore, if electronic communications were sent regarding the winnings or distributions, those may be used as proof of the contract. If the league commissioner has gone MIA, however, that could mean you would incur additional costs in starting a lawsuit. Since you would be required to provide legal service of process on the comissioner, it cost you additional money and time to track him or her down. This wouldn't affect the validity of your claim, but it might impact whether it's worth your time and money to pursue it in Court.... Read More

You write that this business has changed its name.  If that is all that is going on, the same entity has changed its name, that would not affect your right to the funds due you, and you could start a lawsuit to recover.  However, it may be a new legal entity.  In general, the owners of corporations (shareholders) or other legal entities are not personally liable for the entity's debts, and neither is the purchaser of an entity's assets.  This is probably the primary reason why people incorporate their businesses, and why, if they sell them, they sell the business's assets (equipment, customer list, lease, etc.) rather than its stock.  If this new business is a new entity which has purchased the assets of the old, it would most likely not be liable for the old corporation's obligations.  There are exceptions, but they are rare, and you haven't provided enough information to determine what exceptions might apply.... Read More

The answer to your question depends on the terms of your contract.  In the jurisdictions in which I practice (warning - I don't practice in Virginia) the closing date listed in the contract is not binding unless it has been made "of the essence".  Closings are often adjourned until one side or the other notifies the other that the closing date is firm and "time is of the essence".  At that point, the closing date is set and cannot be changed with impunity, although sometimes valid excuses come up.  Sometimes time is made of the essence in the original contract, and that may well be how your contract reads, given that you are engaged in a short sale.... Read More

You probably need to file a warrant in detinue, which requires return of the specific property or payment of its fair market value.  If he won't return the car to you, this is likely going to be your best option. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. ... Read More