Contracts Legal Questions

In lawsuits, first class mail is the standard, not certified mail. You delay at your own risk. Your surgeon has a lawyer, and even though you "probably" have a good case, you will be "eaten alive" since you know nothing about SLAPP motions, lawsuits in general, the evidence code ... There really is a reason that law school takes 3 years nad not 3 months or 3 weeks. It is not a matter of logic or intelligence. It is a lot of rules. ... Read More

It's an interesting case and a close call, whether a school has an affirmative duty to inform prospective students (or in this case their parents) about the entire curriculum.  Certainly, if you asked and the school lied, I think that would be a material misrepresentation, and you could void the contract based on fraud in the inducement, but I don't know if there is an affirmative duty to volunteer the information where you didn't ask.  I'm not saying that there isn't, only that it isn't a slam dunk either way.  It could cost more in attorneys' fees to litigate than you've spent on tuition.  On a practical level, moreover, you're being offered a full refund, and your only objection is that you don't want to sign a non-disclosure agreement.  I don't know what you mean about "too broad to trust", but unless you have some reason why you need to mention the experience in the future (and I can understand why you would feel the need to let other parents know about this before they make the same mistake), maybe you should consider the settlement. ... Read More

This makes no sense. How can you have had a month and 1/2 for work when its only 10/23...which is 1 week. You can fire anyone you want form a job - what the impact of that will be revolves around the contract terms. You will need to hire a lawyer to review them if yu are unsure as to how they apply. ... Read More

He can demand whatever he wants, but that doesn't mean that you are obligated to comply.  If the facts are as you write, you have no such obligation.  Of course, unless you have all this in writing, it may be his word against yours in court, and there is no guarantee that the judge/jury will believe you.... Read More

This would be a contract.  However for a contract to be valid, there has to be an offer.  One of the parties made a promise to do or refrain from doing some specified action in the future.(ie. He offers never to eat meat again.) There needs to be consideration. Consideration is something of value was promised in exchange for the specified action or nonaction. Consideration is what makes the difference between a gift and a promise.  Also there needs to be acceptance. The offer must be clearly accepted. Finally, there must be mutuality or a meeting of the minds regarding the Agreement.  If this is something you would still like to engage in, please feel free to contact me and I would be interested in assisting in drafting your contract. ... Read More

This sale of the storage unit contents didn't likely happen in 2 day - but was subject prior notices and cure opportunities where payment wasn't made. There is a procedure that the storage places must follow in regard to selling contents of storage units. If the contents were subtantial it may be worth spending some money to have a lawyer review the paperwork and situation to see IF anything can be done and then what. We do handle such cases and provide free consultatons to assist in retaining our office to help on such cases. You can call 1-800-922-6442. ... Read More

No, it is not legal for a party to alter a signed contract and try to make it appear as if the other party had agreed to it.  I am not familiar with California procedure, but basically you need to, as soon as possible, start a proceeding against the forging party and your landlord, and obtain a preliminary injunction to prevent your eviction.  You should probably consult a California attorney.  If you can't afford one, speak to your local legal aid office or bar association.... Read More

With limited exceptions, an unconditional gift (i.e. I give you the phone absolutely w/o any conditions v. giving you the phone "as long as you keep your g.p.a. above 3.0" or "as long as we are together") is irrevocable.  The main exceptions are gifts given in contemplation of marriage, and gifts given in contemplation of death (i.e. I give you my house believing that I'm about to die from a gunshot, but the doctors save me). ... Read More

You tell us......YOU played lawyer and drafted the sales agreement so YOU should know exactly what was agreed to, how the deal was structured, and who gets what when. Other than that  - you will simply need to spend the money to hire a lawyer and start to assess the damage you did and problems that may have been created with your self made contract. ... Read More

Cancellation fees are not unusual, nor in most instances are they unlawful. You do not state whether you cancelled within 14 days of the surgery. You asked whether you had to pay the $900. Have you been asked to pay it. You certainly have no obligation to volunteer. The amount of the fee raises the question of whether the cancellation charge is a penalty unrelated to any cost incurred by the physician or surgery center. Ever were the charge deemed lawful, I would make every effort to negotiate a much lesser sum If you can achieve a substantial reduction, it would save you the cost of retaining counsel to defend a claim were they to file one. You might want to wait and let this claim, if one has been informally made, play out a little further. However, if suit has been filed, get advice from counsel promptly.... Read More

 "I have heard different opinions from attorney's but I would prefer to sue him in Florida." This is likely because you have hired none of them so that they can provide a PROPER legal opinion  - so you get off the cuff junk advice otherwise. As a PRACTICAL matter, 99% of your issues are in Alabama so you will likely find the logistics alone of trying to sue in Florida to be untenable and STILL possibly find yourself dealing with litigation in Alabama. If what you are REALLY asking is  - can YOU go play lawyer - and file your own lawsuit from the comfort of your couch in Florida, that would be a horiffic concept under the facts presented. ... Read More