Pennsylvania Contracts Legal Questions

Your vehicle lender may not allow someone else to drive the truck.  While I'm not encouraging that you technically breach the agreement, lenders generally don't care what you do as long as the payments are made.  So, as a practical matter, it is possible for you to do what is proposed.  If you wan to do it, I suggest having an attorney prepare an agreement that will provide as much protection as the law allows. However, when someone else drives your truck, anything can happen.  Potential problems are 1) they could get into an accident and the victims could sue you as owner  2) they could not make the payments, the truck gets repossessed, and you remain liable for the balance which becomes immediately due 3) you try and enforce the agreement but the other party successfully defends claiming that the  agreement was illegal as you had no right to enter into it based on the lender's agreement.... Read More

A loan requires repayment and must have definite payment terms.  I assume the agreement was oral, as opposed to written, and there were no payment terms.  It is probably unenforceable.  But you can sue him in your local magisterial district justice.  If he fails to defend, you will win by default.  Then you can ask the court how you can enforce it.  The second theory is that he defrauded you.  In that case, you don't need to prove it was a loan with definite terms.  You only need to prove that he lied about what the money was for and had you known what it was for, you would not have given it to him.  You have 4 years to sue on contract and 2 years on fraud.  ... Read More

Generally speaking, yes. Operating agreements are frequently entered into contemporaneously with, or even before, formal formation of the related LLC. In construing the agreement, the court will be primarily concerned with whether the signatories intended that it would apply to the soon-to-be-formed entity. If this question can be answered affirmatively -- which, in your case, it can -- then the agreement should be enforceable.... Read More

Verbal Contracts are handled the same as written contracts, other than issues regarding proof of the terms of the contract. Often issues in verbal contract disputes involve issues that were not agreed to in the verbal contract, or that the parties differ as to whether they were covered in the oral agreement. In your case it sounds that the issue of including and when to include losses is at the heart of your dispute. In many cases there is no clear answer and either the parties reach a settlement or amicable resolution or litigate the matter in which case a judge will fill in the missing terms based on applicable law and his or her view of what was intended.   All matters are dependent upon all of the facts and circumstances of each situation, and there are factors which may cause a general rule or principle set forth in any response or the information in any memoranda to differ for your situation or inquiry. The provision of a response or other information is not intended to provide legal advice or counsel to you, and is not intended for you to take or refrain from any action. This response does NOT create an Attorney-Client relationship.... Read More

Your claim may be unrelated to the guarantee, because the damage was incidental to the work being performed.  Regardless, the damage is certainly something that an insurer should look at as it ocurred because the contractor was on your property as part of the job. You should notify the contractor in writing that you want compensation and request that he submit the claim to his insurance carrier.  If you don't receive an amicable resolution, you can sue. ... Read More

How, exactly, where you harmed by this? No legal remedy is available to you unless you suffered actual monetary harm. You owed the money and as a result of their stupidity you paid it a few days earlier than you wished. You are arguably out a few days' interest on a few dollars, nothing more.... Read More

There are two issues here: first issue is, as between the pastor and the church, whether the pastor has an enforceable agreement; second issue is whether the officer or director of the church who entered in the agreement with the pastor exceeded his authority. The answer to the first question is probably "yes" since a reasonable pastor would not be on notice that some approval other than the signature of a single officer or director was required, and the person signing on behalf of the church had apparent authority. The second question answer is probably "no," since, as a general matter, approval by members of a non-profit entity is not required of ordinary contracts.... Read More

Short legal questions are rarely as simple as they appear. Accepting by a check box (opting in instead of opting out) increases the chance of enforceability. If the opt in is at the bottom of the terms, even better. I am not licensed in your state, which may have special laws on contracts of "adhesion" (take it or leave it agreements between parties of unequal bargaining power) so local advice beyond my analysis may be required. ... Read More

Under the facts of your question, whether the attorney was disbarred in Illinois is irrelevant. You should focus on whether the attorney is licensed in PA. If the attorney is licensed in PA what happened in IL does not matter since each state licenses their attorneys separately. Any person can write a contract on their own behalf, so if that disbarred attorney has created the contract for himself/herself then not being licensed is also irrelevant. To determine if the contract is legally sound in PA, you should consult a local attorney who is licensed there.... Read More