Breach Of Contract Legal Questions

Sorry doesnt work that way. There are no do overs or take backs. There is likely a provision in the listing agreement to address this where you will owe the real estate agent money. If this was an actual sales agreement with an offer from a buyer, its a more difficult issue and may be even more expensive to try to avoid as you may have the buyer claiming damages. You will need to hire a real estate transactional lawyer ASAP to address this. ... Read More

You should hire an attorney to sue them in Superior Court for breach of contract and unjust enrichment.  However, you should do an asset search first to make sure it is worth your time and money.  You can otherwise sue in small claims court, but the maximum amount you can sue for is $5,000.00.  I wish you the best of luck. This is not an uncommon problem.... Read More

You can sue anybody for anything, but I don't think too much of your case for two reasons.  First, while the effects could have been catastrophic and I don't blame you for being angry, you did not mention having suffered any damages from the mistake (incidentally, it isn't fraud unless you can prove that the error was deliberate, which is unlikely.  In some circumstances, however, you can assert a claim for negligent misrepresentation).  It appears that you didn't go to the hospital in reliance on Aetna's misrepresentation, but you are apparently healthy now, and don't mention anything about having lost any money.  If I drive recklessly and hit your car, I am liable to you for the damages to your car.  If I drive just as recklessly but you manage to swerve out of the way, however, you have suffered no damages and have no cifvil claim against me. Second, you asked Aetna to tell you what was in your contract.  While that's common given the complexities of health insurance policies, you could have read the policy yourself.  That may not be realstic in today's world, but it nevertheless could be a barrier to your lawsuit.... Read More

The only collateral for the loan was the car and if you don't carry insurance and total the car in a wreck, then the dealer won't get paid. That is why you are required to carry insurance. You breached the contract by not having insurance. So the dealer was within his rights to repossess the car.... Read More

Unless your contract provides for repossession without need of a judgment, you can't take back the car until and unless you prove your case in court, and even then you may be limited to collecting monetary damages.  You say the  buyers breached the contract.  The buyers will no doubt tell a different story.  A court will have to decide when you sue them.... Read More

First, you need to find a new storage / service area. Second, depending on the damages and related costs, you may have a claim against the facility.These are issues that we can discuss. The best thing to do is to call for an initial cosnultation to review your documents and look at your options.  I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office. David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read More

Assuming that the statute of frauds, which generally requires that agreements to sell goods valued at over $500 must be in writing, has been satisfied, it appears so, but, unless the horse is somehow unique, the other party may not be able to compel specific performance of the contract, and if the price you agreed to was market value, the other party may not be abel to show any damages from the breach.  In other words, although you appear to have breached, the other party may not have been hurt and may have no remedy.... Read More

You were the cosigner of the loan, meaning that you were obligated to pay at least your share (depending on how the deal was structured, you were probably the principal obligor and obligated to pay the whole amount, while your parents were guarantors).  You didn't, and your parents were forced to pay your share (whether that share was 100% or only 50%).  They thus now have a claim against you to recover the amount that they lost becasue you didn't fulfill your contractual obligation.  Essentially, having paid off the loan, your parents now step in the shoes of the lender.... Read More

She would have to file in Tennessee in the county where the dress was purchased. She then has to obtain service of process by serving a copy of the lawsuit paperwork on you. She would then have to appear in court to pursue her claim. If she appears and you do not, then she will get a default judgment against you.... Read More

In general, absent a confidentiality agreement, most people (not including doctors, lawyers, priests, or the like) have no obligation to keep what you tell them confidential.  However,, depending on what you are facing, you may have rights to protect you against any harassment or retaliation at work for truthfully reporting a problem.... Read More

The answer to "can I sue" is always yes.  If in fact the proposed tenant breached a valid lease contract, there would be no reason you can't sue them for breach.  Of course, that doesn't mean that you would win; I don't know what defenses may be raised  Also, if you rent the place to someone else for the same or more money, your damages may be very little.... Read More