Breach Of Contract Legal Questions

Non-compete agreements are generally more closely scrutinized, and held to be unenforceable, than most contracts, but (except in California) they will generally be enforced if reasonably necessary to protect the business of the employer (most non-competes are exectued in the employment context; if this wasn't, it might change the analysis somewhat).  Whether the protection is reasonable depends on too many factors to try to analyize based on your short question, particularly as I am not a Wisconsin lawyer.  Suffice it to say that most non-competes will expressly prohibit the scheme you propose, i.e. for your wife to compete in a business you own, anad you should check the agreement in question to see if it does.  Even if it doesn't expressly prohibit this ruse, it is doubtful that a court will allow your wife to circumvent a valid non-compete in this manner.  In other words, the non-compete may not be enforceable, depending on circumstances, but if it is, the fact that the competing business is titled in your name rather than your wife's will probably not help you.... Read More

Anybody can sue anybody for anything.  If your story is believed by the Court, I think you would prevail in your lawsuit for breah of contract and possibly other statutory violations regarding providing habitable accomodations.  However, depending on the circumstances you may have to sue in the jurisdiction where the hotel is located).  Also, there is no guarantee (particularly without any evidence other than your testimony - did you take photos?) that the Court will not believe the hotel's side of the story.... Read More

By definition an investment is a risk.  The fact that you lost money on your investment is not a basis for  a suit.  However, if you were defrauded into investing, that is another story.  Did your ex-friend make any material mistatements of fact on which you reasonably relied in investing?  If so you may have a claim.  While I don't believe that a claim that you would receive a 40% profit within 6 months qualifies for various reasons (including that it is a prediction, not a statement of current fact, and that it is not reasonable to rely on any statement that you will get a 40% ROI in 6 months).  However, if your friend lied about such things as having orders in place, the venture's financing and/or general financial condition, ownership of intellectual property, et. etc. which caused you to invest, you may have a claim.... Read More

Did you have a contract, either individually or through collective bargaining, which limited your employer's right to fire you?  Sometimes such a contract can be established through an employee manual.  If not, you could have been fired for any reason not prohibited by statute (e.g. race, religion, age, etc.), breach or not, for cause or not.  Thus, unless you have such a contract, or you believe that the claimed "breach" was a pretext and you were really fired because of your race, religion, etc., you don't appear to have a claim for the firing  You might have a defamation claim if your former employer lies in the references it gives you. but if the employer says you violated confidentiality, it will be your burden to show that that statement was false and that the employer knew it (as opposed to the unemployment heaering where it was the employer's burden), and that absent such a lie you would have gotten another job.... Read More

This MBF thing is a scam.  You need to answer through a lawyer.  I charge $500.  I have done a few of these and there are decisions finding this processing machine thing to be a scam.  If you answer they will not follow through, but if you do not they will get a default judgment.... Read More

You can sue for breach of contract (anyone can sue anybody for anything, but I don't see any validity to a negligence suit).  Although it may be difficult, if not impossible, for you to prove damages, i.e. to prove that if the school had fulfilled the contract, you would have gotten a better job at a higher rate of pay, it might be possible for you to get the contract rescinded, and get a refund of what you paid.  The biggest problem is that even if you win, it is doubtful that your now closed school has the money to satisfy any judgment you may obtain.... Read More

Absent a contract or statute permitting you to do so, you can't place a lien on anybody's property withut first obtaining a judgment against that person.  In other words,you need to sue hte roofing business for the amount you claim it owes you and prevail before you can encumber its property.... Read More

There are various collection procedures available to judgment creditors (I assume that you have reduced your award to a judgment; you can't do anything without one), but you have to initiate them, they won't happen automatically.  The procedures include seizing and selling the debtor's assets, but regardless of what price is received, you will receive no more than the judgment amount (plus interest and perhaps incidental fees).  However, you may be able to "bid in" at any auction of property up to the judgment amount.  So, for example, if you have a $100 judgment and the debtor's golf clubs were being auctioned, you could bid up to $100 without having to pay any actual cash.  If you win the bid, the amount would just be deducted from your judgment.  This gives you an advantage at any auction (which are generally poorly attended and don't generally result in a sale at fair market value), and you may be able to get a bargain.... 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

You will simply need to spend more money in legal fees to sort this out. Moreover, BEFORE you spend another dime on these "consultants" you need to retain a lawyer to review this transaction and see what you have gotten yourself into.......this whole deal make little senss with the facts pesented. ... Read More