Breach Of Contract Legal Questions

You can sue the venue for breach of contract, seeking the extra money you will have to pay to book a comparable venue at this late date.  However, I'm very surprised that the contract is not more protective of the venue, and I think you should look at it again.  I would expect it to have clauses protecting Hilton, for example limiting the damages you can recover for any breach to your deposit.... Read More

First, contact an attorney immediatelyfor advice and representation.  A Motion to Quash Service may apply re no personal service, no substitute service, and possibly failure to obtain an alternate Court Order for serving (e.g. publish).  First you need to determine if a Proof of Service was filed. The Complaint, if filed in State Court, would allow 30 days for you to file a responsive pleading.... Read More

You can certainly sue for breach of contract and recover the amount you have to pay someone else to get the work completed, but it is not certain tha tyou would be able to recover anything for the lsot tenant as these damages are not direct but consequential, i.e. damages that owuld not necessarily flow from the breach in every situation but did flow from the breach here.  It is difficult to recover consequential damages.  Many contracts specifically prohibit.  Assuming that yours did not, your right to recovery them is likely going to depend on whether the contractor knew that its failure to perform the services contracted for would lose you the tenant.... Read More

Sorry "sugar baby" - but you brought this issue on your self when you expected some other person to "give you a better life". Thats YOUR job not someone elses. This sounds like a failed romantic relationship where you are unhappy playing "housewife" and he views you as a "gold digger". There is no real legal remedy here and there is no logical reason you would be "in financial ruins" other than by your own actions. The remedy here is pack up your things, and either return to Alabama or stay in Florida as you like, get a job, support yourself and move on  - leaving that guy in the past. ... Read More

  In my experience, you need a commercial litigator who can reach out to him to let him know you are prepared to sue him and, if necessary, actually sue him.  In my experience working on countless commercial cases, it sounds like you may have claims for breach of contract, unjust enrichment, and (perhaps) conversion (aka theft).  How much money did you give to this person to purchase the car and did you sign a written contract with him? If so, the terms of that contract might dictate what you need to do to preserve your rights. I’d be happy to discuss this with you further.  ... Read More

  Assuming you are not a debt collector, I'm not sure what their basis is for threatening to sue you.  In the end, sometimes a strongly worded letter from an attorney speaking on your behalf and laying out your rights will get their attention.  And to the extent there is not a written contract does not change that result.  If you get their attention through a letter, you could then enter into a settlement agreement that would set the precise schedule of how/when they are to pay you back.   ... Read More

  The enforceability of the non-compete depends upon many factors including the terms of the contract, the scope of the restriction (in both time and geographic reach), and how much you were paid.  In the end, courts are remiss to enforce overbroad noncompete clauses in contracts because they don’t want to prevent someone like you from providing for yourself.  Also, there may be an argument that the noncompete was only given by you as consideration for the tutoring's company's agreement to pay you.  If they never paid you that then there MAY be an argument that they did not provide their consideration which MAY relieve you from the non-compete obligations. But if the pay was simply delayed, that might not be as strong of an argument.  In the end, the precise wording of the non-compete as well as the other provision of the contract will ultimately determines if it will be enforced.   ... Read More

With the limited information, it would appear that this could be a breach of contract which requires an offer, acceptance, and consideration. You could speak with an attorney to obtain more information but likely this would fall into a small claims suit where attorney's are not allowed except in limited circumstances like an appeal. Therefore, you may want to research small claims in your area to pursue an action for breach of contract.... Read More

This is why you hire a lawyer immediately - BEFORE the pro-bono lawyer figures out how to tag you for legal fees - as most landlords have clue zero about properly handling residential evictions. Remember the ONLY person in the mix with something to lose is YOU as you have non-homestead investment property or income that can be seized. ... Read More

"I have tried opening an escrow account to continue paying until the repairs were completed but no attorney I spoke with helped tenants or understood my request even though it is clear in the statue of limitations and law regarding my case." - because that is simply wrong and not how things work in so many ways. Since it seems made some terrible lega; decisions and lost in court, your issue now is payment of what is owed to satisfy the judgment. ... Read More