South Carolina Litigation Legal Questions

Assuming that this statement is false, and your former employer knew or should have known that it was false when he made it, yes.  The type of defamation you are talking about impugns your reputation in your employment and therefore in most states (I don't know about South Carolina) would be actionable as slander per se even absent any damages.  Even if South Carolina requires you to prove damages on such a claim, you would still have a suit to enjoin your former boss from making the statement in the future, and may be able to get the court to order that he admit that the statement was false to the people he said it to.... Read More

You can record a telephone conversation in S.C. only if you are a party to the conversation.  The tapes are not admissible in court, but as you have left out many facts, they may be useful against the other side.  This answer does not constitute legal advice nor does it establish an attorney/client relationship. Dr. Michael G. Sribnick, Esq. litigator in S.C. offices in Charleston, S.C. Michael G. Sribnick, M.D., J.D., LLC... Read More

A contract could be invalid due to fraud (e.g. I induce you to invest in my business by representing to you that its accounts receivable is 3 times as large as it actually is),  but usually the fraud has to relate to something in the contract itself.  For example, if the actual written investment contract you sign says nothing about the amount of the company's accounts receivable, your claim of an oral misrepresentation will probably be barred by what is known as the "parol evidencee rule.") A mistake can invalidate a contract, but only if it is a mutual mistake.  For example, if I sell you a mare which we both believe was fertile, but in actuality it is sterile, that mutual mistake might invalidate the contract.  If I know that the mare is infertile, however, there is no mistake.  In that case, you would have to show fraud (i.e. that the mare's infertility was material to the contract, that you relied on the mare being fertile in entering into the contract, and that I had a duty to disclose the infertility) in order to invalidate the contract. A contract can be invalidated because one of the parties lacks capacity to contract, either because of mental incompetence or youth. There are other grounds to invalidate a contract as well.  However, usually if you sign a contract, you are deemed to have read and understood it, and are bound by it.  ... Read More

Yes.  Although you would still be liable to the landlord based on the contract you signed (the lease), you are not liable to your ex, with whom you had a contract that you would move out and she would be responsible for all rent payments after December.  The problem is that it is her word against yours, and there is no guarantee that the Judge will believe you and not  her. ... Read More

With all of the security issues in the country, including money being used to fund terrorists and the flow of drug money, the banks are under pretty restrictive rules. If your banking transactions were suspicious, the bank is required to give notice. If they don't, the bank could get punished. if you have been paying attention to the news this year, a number of banks have gotten hammered for doing questionable things.... Read More

So, you are from Canada, ehhh? Well, the dealer would not put the car in your name until it was paid for, and if you cannot get financing, you can't pay for it. In all likelihood, you can get your mony back if you change your mind before you sign the final documents (when you hand the dealer money).... Read More

Do what Jim Jones did, as well as all of the gazillions of Evangalists have done. Incorporate. Make a name; register it with the State and the County. go on TV, radio, bill boards, and signs on the walls of lavatories all over the world. If you have a big ego, a big mouth, can think on your feet, and are not afraid to get up in front of a bunch of people and spout psycho-babble, then you could become quite successful. To me, there is a massive difference between religion and spirituality. The bulk of the religious zealots are not spiritual. They are merely salespeople and they are selling crap to a lot of people for a lot of money. I do not think that they do more than line their own pockets. The world urgently needs another religion. Hopefully, you won't be talking people into strapping on bomb belts and blowing themselves up in schools, houses of worship, restaurants, shops, and other "soft targets." We already have too many of those, also. And NO, we don't need sharia law here; this is the 21st centurty, and we are (supposedly) educated, intelligent, and have free will.... Read More

If it is a private school, then it is probably legal. You will have to review all of the paperwork you undoubtedly had to sign to get your child into the school. Schools, especially private schools, have strict "honor" codes, etc. and if the teacher was suspecting any cheating or other violations of the rules, then they do have some leeway. It could be different in a public school, but private schools can make their own rules.... Read More