Breach Of Contract Legal Questions

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Breach Of Contract Questions & Legal Answers - Page 14
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Recent Legal Answers

Only the Court can tell you what the repercussions are.  If you want to prevent this move, or have the custody arrangement altered, and the mother won't agree, you would have to go to court.  Since this move appears to conflict with the Court's order, you may be able to have the court prohibit it.... Read More
Only the Court can tell you what the repercussions are.  If you want to prevent this move, or have the custody arrangement altered, and the... Read More

Wedding photographer

Answered 7 years and 9 months ago by attorney Bruce Robins   |   1 Answer
It is possible that this would be considered a material breach entitling you to rescind the contract, but if you rescind the contract you will also have to return the  benefits you received, i.e. all the photos and videos.  If you keep the materials you will have to  pay for them, if not the contracted for price than their fair market value.  Alternatively, you can sue for breach to be compensated for the value you were entitled to and did not receive, i.e. the difference in value between having 2 photographers and one videographer and having 1 photographer and 1 videographer.... Read More
It is possible that this would be considered a material breach entitling you to rescind the contract, but if you rescind the contract you will also... Read More
You can sue, unless the whole thing was a scam.  How do you know the person exists and the business was real?
You can sue, unless the whole thing was a scam.  How do you know the person exists and the business was real?

what does "pa" mean after a lawyers name ???

Answered 7 years and 9 months ago by attorney Bruce Robins   |   1 Answer
Professional Association, which is a form of entity, like a corporation or limited liability company.  It means that the lawyer has formed an entity to run his business, which is standard, as it reduces the risks of personal liability by the members of the association.
Professional Association, which is a form of entity, like a corporation or limited liability company.  It means that the lawyer has formed an... Read More
You will have to have a lawyer, at some expense, review your agreement and determine what the $1422 claimed is for and why you didnt pay it or resolve the issue short of a repo. 
You will have to have a lawyer, at some expense, review your agreement and determine what the $1422 claimed is for and why you didnt pay it or... Read More
You can probably sue in either.  You should sue in the jurisdiction most favorable to you, assuming that your ex is subject to jurisdiction there.  Since you live in Oklahoma, that would be the jurisdiction to choose (why would you want to have to travel to SC for this case?) and since the dispute arises out of a contract which was executed and at least partly performed in Oklahoma, Oklahoma can probably exercise jurisdiction over your ex in connection with this claim, even if he no longer has any further contacts with Oklahoma.... Read More
You can probably sue in either.  You should sue in the jurisdiction most favorable to you, assuming that your ex is subject to jurisdiction... Read More

Negligence of the Shipping company

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
Yes.  But do a chargeback on the charge card saying you never got the goods.  This is time limited so do it ASAP.
Yes.  But do a chargeback on the charge card saying you never got the goods.  This is time limited so do it ASAP.
You will need to retain a lawyer to figure out what happened to the money. Investing in a business does not mean you get your money back if the business doesnt open as there could be expesnes and the like. For the amount you described you will likely need to file suit to gets some answers. ... Read More
You will need to retain a lawyer to figure out what happened to the money. Investing in a business does not mean you get your money back if the... Read More

Can i be sued for a vehicle i sold a few months after the sale

Answered 7 years and 9 months ago by attorney Bruce Robins   |   1 Answer
Whenever the question is "can I be sued?", the answer is yes.  Anyone can be sued for anything.  If you can prove what you state in your question, you have a very good chance to prevail.
Whenever the question is "can I be sued?", the answer is yes.  Anyone can be sued for anything.  If you can prove what you state in your... Read More
You are responsible for repaying the loan if your son does not, but you have a claim against your son for remibursement.
You are responsible for repaying the loan if your son does not, but you have a claim against your son for remibursement.

Do I have any rights?

Answered 7 years and 9 months ago by attorney Bruce Robins   |   1 Answer
If your contract was that you would share the car, then you have the right to share the car, or the proceeds of the sale of the car.  Of course, in any suit to enforce these rights, your ex will have his own story, and there is no guarantee that the court will believe you, but the more you can prove what you say in your question with documents and/or the testimony of uninterested witnesses, the better your chances.... Read More
If your contract was that you would share the car, then you have the right to share the car, or the proceeds of the sale of the car.  Of course,... Read More
If your being sued you need to hire a lawyer to defend the lawsuit and raise any such issues. 
If your being sued you need to hire a lawyer to defend the lawsuit and raise any such issues. 
Although the law may be different in NC than in the states where I practice, there is generally no need for a contract to be notarized pr evem wrottem (with certain exceptions), but covenants not to compete are looked at with some disfavor, although not per se unenforceable.  They must be reasonable in both geogrpahic area and time.  While what is reasonable depends on the particular factgs of each case, my gut is that 20 miles would be considered too broad.  Also, you don't say how long the restriction runs; if in fact it is unlimited, that would likely be considered too long.  I assume the covenant only covers your work as a barber, not any type of work, as your question suggests; if it does, in fact, cover any work, it would not be enforced.  However, while the Court may hold tte entire covenant to be unenforceable, it may also "blue pencil" the provision, i.e. cut it back to what it considers reasonable, for example 1 mile and 1 year.... Read More
Although the law may be different in NC than in the states where I practice, there is generally no need for a contract to be notarized pr evem... Read More

Accident not reported on car fax at the time of purchase

Answered 7 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer
I think you have a case, unless the bill of sale from BMW says the sale is as-is and you are not relying on any representations.
I think you have a case, unless the bill of sale from BMW says the sale is as-is and you are not relying on any representations.

Removing my name from car loan

Answered 7 years and 9 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
I think you're stuck at this point.  If the borrower is paying on the loan according to the terms, I don't really see a remedy here for you just b/c you had a falling out.
I think you're stuck at this point.  If the borrower is paying on the loan according to the terms, I don't really see a remedy here for you just... Read More
if you applied for a loan and made it all the way to the closing, something must've gone drastically wrong at the closing table. I think there's more information here.  It is just so unlikely that you'd make it to the closing table and the loan would fail at that late time.  ... Read More
if you applied for a loan and made it all the way to the closing, something must've gone drastically wrong at the closing table. I think there's more... Read More
Youneed a consumer lawyer familiar with Fla. Stat. 559 called the Florida Motor Vehicle Repair Act. Not sue why you waited 14 months to address this but you will need to hire a lawyer ASAP to address this. Be prepared to pay up front for a lawyer as this is not likely a contingent fee case , though you may be able to get your legal fees reimbursed. ... Read More
Youneed a consumer lawyer familiar with Fla. Stat. 559 called the Florida Motor Vehicle Repair Act. Not sue why you waited 14 months to address this... Read More

someone sue but I was never serve

Answered 7 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a lawyer to go to court and try and get the judgement set aside. 
You will need to hire a lawyer to go to court and try and get the judgement set aside. 
Other than useless corporate speak  - not sure what you mean by creating a dialog. You can do that any time you like by calling customer service and complaining. It is not clear WHO compromised your security though it sounds like it was breached. What if anything needs to be done is dependant on that determination. ... Read More
Other than useless corporate speak  - not sure what you mean by creating a dialog. You can do that any time you like by calling customer service... Read More
possibly though you may have a claim against the warranty company.
possibly though you may have a claim against the warranty company.

Can a college be sued for wrongful failure or breach of contract from a student

Answered 7 years and 10 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
I'm not expert on this matter but it occurs to me that there's no real claim here unless or until your son fails to pass the test.  I hope he does well and this issue is moot for you both.  
I'm not expert on this matter but it occurs to me that there's no real claim here unless or until your son fails to pass the test.  I hope he... Read More

I asked a question and I got no help .

Answered 7 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will need to hire a consumer lawyer. This is likely an out of pocket/retainer type case based on breach of contract or some form of deceptive trade practice. Bear in mind that such cases often have two way legal fees if you lose. 
You will need to hire a consumer lawyer. This is likely an out of pocket/retainer type case based on breach of contract or some form of deceptive... Read More
Probably a civil trial lawyer. Plan on paying legal fees out of pocket if this is a lawsuit against an individual. 
Probably a civil trial lawyer. Plan on paying legal fees out of pocket if this is a lawsuit against an individual. 

I need attorney to file lawsuit against Progressive Insurance for not following contract rules. what Attorney do I need?

Answered 7 years and 10 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
I don't understand what the problem is here.  They offered to reinstate your insurance.  Is the amount that they requested more than what you would have paid had they continued withdrawals from your account?  I don't understand why you are without insurance in this matter.  ... Read More
I don't understand what the problem is here.  They offered to reinstate your insurance.  Is the amount that they requested more than what... Read More

What is phone number for small claims court in Scranton, PA?

Answered 7 years and 10 months ago by Michael Edward Fiffik (Unclaimed Profile)   |   1 Answer
If you want to fix the hot water problem, the best and most direct way of doing that would be to call a different plumber, not sue the prior one.  I don't see any lawsuit here.  
If you want to fix the hot water problem, the best and most direct way of doing that would be to call a different plumber, not sue the prior... Read More