The law on obligations and contracts is simple. It states that once all the essential and formal requisites of a contract have been complied with, then such agreement or covenant is considered as law between the parties. Further, no signatory to such a pact may be absolved from the performance of his or her obligation unless the interest of justice and fair play requires.

To put it more blatantly, a contract is an agreement entered into by two or more parties having the ample personality, capacity, and eligibility to contract. Thus, upon finding that the subject of such agreement is well within the confines set forth by our laws, and public policy, then any provision, obligation, or duty incumbent upon any party to perform must be complied with in good faith. If a partys act runs counter to any of said lawful provision, then a cause of action for breach of contract is available to the other party.

Breach of Contract is a serious malfeasance; it is as though not complying with a rule of law set forth, the only difference is that it is a law brought about by the agreement of the parties and the one that governs only parties thereto. Notwithstanding the same, non-compliance of any provision thereof would actually lead to causes of action ranging from restitution and reparation to payment of damages caused by non-performance.

The rule on proximity of contracts has been applied in breach of contract cases to the letter. This doctrine provides that only those who are signatories to a contract and their successors in interest are liable for any penalty brought about by the non-performance of the obligation. Consequently, the proximity of contracts also provides that only a signatory to the contract or any successor in interest have the ample right to file any claim against another party for non-compliance of his or her obligation. Any third party, who would like his or her right be promote cannot act on the basis of a contract to which he or she is not a party. His or her remedy lies on some other provision of law but not the contract for which he or she was in no way part.

Breach of Contract has several repercussions. Not only would the person be liable civilly for all the damages brought about by non-performance of an obligation, this may also lead to some other effects to include, rescission of the contract, restitution of what has been given by the party who complied with his obligation, or both, and in the said instance damages would also concur.

Atty Gabriel Cosh is a legal advocate and a practitioner of law for over 10 years now. He is also an expert in the field of social legislation and personal injury cases.Disney Porn Gallery
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Many people hire an attorney without really understanding what this person will do for them. Understanding what they do and do not do is important.

What Your Lawyer Does and Does Not Do

Most people have an image of attorneys based on what they see on the media. Whether the media comes in the form of dramas or talk shows with attorneys spouting off about just about anything, the image is generally incorrect. Simply put, most attorneys are just working stiffs like you and me.

The marching orders for you lawyer are to pursue the best possible result for you in the legal dispute. He or she is legal charged with representing you as enthusiastically as possible. Importantly, their role is not to get a just result. The system is set up so both sides should go nuts with the assumption being that justice will be done. Odd, but true.

It is vital that you understand this is the temperament of your attorney. For many people, legal issues can end up becoming bigger than they realize. For instance, your divorce attorney is charged with carving up your ex-spouse as much as possible to get you as much as possible. In the same vein, an attorney preparing a legal document for you is going to write it in such a way as to favor you as much as possible. If you are looking for a different approach, you must tell your attorney. If you want a fair divorce or an even handed contract, it is on you to tell them.

Another area that gets confused is what I call the ultimate decision. At some point in your legal matter, a major decision is going to have to be made. It could be whether to go to trial, whether to sign a contract and so on. The decision is yours and yours alone. An attorney will explain your options as well as the benefits and negatives of each option. At this point, many clients ask their attorney what they should do. The attorney will not give you an answer because it must be your choice. You are the party involved, not the attorney. Unfortunately, many clients take this as a sign the attorney is not helping them. This is incorrect.

Understanding what your attorney is going to do is vital to getting a result you are comfortable with. Unless you tell them otherwise, your attorney is going to go after the other side as aggressively as possible. If you dont want this approach, you need to speak up at the beginning of the case.

Gerard Simington is with http://www.findanattorneyforme.com - find an attorney online with our free directory.Dmv Slc
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Lemon law is a state law of the United States, whereby the Government protects the right of the consumers who are deceived with a defective piece of automobile that is still under its warranty period. Lemon law differs from one state to another and like all other legal matters; there are people with specialization in this field who are called Lemon law attorneys. A lemon law attorney will fight your case against the automobile manufacturer / dealer and will help you to receive proper compensation.

The role of the lemon law attorney

Every defective piece of automobile may not come under lemon law and hence before filing any kind of case, it is wise to ascertain with the help of your lemon law attorney, whether your vehicle can be regarded as a "lemon" or not. In spite of varying versions of lemon laws in varied states, it is possible to form a general definition. A vehicle with a severe manufacturing defect (such as to affect its performance, value or safety) that has required repairing on more than four occasions or any vehicle that is not in working condition for 30 days or more within the first year of purchase, can be termed as a "lemon" and is covered by the lemon law.

If you own such a vehicle, you are eligible to file a lawsuit against your car manufacturer. Initially, the manufacturer may try to pull the stunt by saying that in your purchase / lease contract you have wavered the rights by agreeing on a certain clause or may try to persuade you for mediation or even may deny any liability. After receiving the notice of denial of your lemon law claims, let your attorney handle the case.

Your lemon law attorney will then write a letter to the car manufacturer and on receiving the reply (mostly a denial) he will file the summons and lodge a lawsuit. A competent lawyer with lemon law background and experience will help you to obtain a replacement or a refund for the disputed vehicle. Moreover, he will make the manufacturer pay the cost incurred by you on repair and legal fees, too.

How to find a competent lemon law attorney?

Though any attorney can fight a lemon lawsuit, it's wise to go for a specialized one, with say, 20 years of experience in this field. The prior experience of handling the trials or hearing the similar cases enable the lemon law attorney to know the law thoroughly and to understand the concealed motives of the car company. You can find the reference of such lemon law attorneys in the Attorney Directory from the Resources for Attorneys, who also maintain a website. Moreover, you can find a lawyer from the recommendation of a relative / friend or can contact the bar association for a lawyer referral service. Generally, the attorney should not charge for an initial consultation but you are required to keep your chequebook ready for the following phase.

Therefore before taking a legal action regarding a defective automobile do not forget to consult a lemon law attorney.

Kevin Bishop is a successful writer and publisher of legal issues, for more informative articles go to http://www.lemonlawmoney.com.Diamond Car
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We have all heard the jokes and negative comments surrounding lawyers but have you ever wondered how it all got started. Just as with any profession, there is bad and good. Are there unethical, incompetent attorneys? Of course! Just as there are unethical, incompetent plumbers, physicians, and restaurant workers. However, for some inexplicable reason, it seems lawyers have had more than their fair share of bad. The complexity of the law and the demand for legal services from the boardroom to the coat room validate that the profession does have value, so why the bad press?

Well lets begin with fees. The hourly bill may just have been the beginning of the end for the legal profession. No one is in a good mood when an hourly meter is running, particularly when you cant control the number of hours that you purchase! Traditionally, Lawyers have relied on the hourly rate, as their standard for billing. With this billing arrangement, the law firm would maintain a record of everything done for you to include phone calls, written letters, court appearances, consultations, etc. You are then billed an agreed upon hourly fee for all of the time that was spent working on your behalf. In addition, you could also incur additional expenses such as transportation, document fees, even phone calls. While this practice is standard in many professions, many consumers believe that attorneys inflate expenses in an effort to make additional profit.

In truth, most service providers use an hourly rate to calculate a fee. In example, an accountant might quote you a fee of $250.00 to review your taxes. The fee is not out of line with your geographic area and the accountant comes highly recommended so you opt to hire him/her at this rate. What you may not realize is that the $250 flat fee may be based on the accountants knowledge that the review will take 2.5 hours of time at $100 per hour.

Many attorneys have become a bit more market savvy and offer alternative billing arrangements. Rather than hourly bills and separate expense charges, they may offer case rates, retainer agreements and other solutions. The key is in providing value for the dollar charged, and creating long term relationships.

Another area that has eroded the reputation of lawyers is the unfortunate lapses in ethical behavior. While most attorneys do in fact adhere to the standards of law, the few bad apples have made it difficult for the public to trust lawyers. For example, in the state of South Carolina a young man was on trial for a murder that most believe he never committed. His family sold their home, cars, and gathered all the cash possible to hire a good defense lawyer. Believing their son was in the best hands possible, they discovered that the prosecuting attorney was married to their lawyers sister and that pertinent information had been shared, resulting in a mistrial. As you can imagine, this put a black mark against those attorneys, as well as others who were innocent but within the same community.

Personal injury law has been another source of questionable ethics. Billboard and commercial advertisements abound with the promise of high dollar settlements for your case. This marketing tactic only adds to the negative perception of the legal profession, as it makes them appear as ethical as snake oil salesmen.

Additionally, most of us have heard the horror stories about attorneys collaborating back room deals with physicians. In this instance, an attorney wanting to win a case involving a car accident or injury on the job might send his client to a special doctor that will validate and even overemphasize the level of injury. The doctor testifies in court in support of the plaintiff, giving the attorney and case strong credibility. Again, these practices are not standard for all personal injury lawyers but unfortunately the actions of a minority have significantly impacted the majority.

The attorneys that engage in unethical practices deserve to be drummed right out of the profession. Sadly, it is unlikely to happen because just as there is a market for competent, ethical law practitioners there is also a market for the legal underbelly. People that desire to bring forward fraudulent lawsuits, illegal adoptions or even illegal immigrations will turn to attorneys who are willing to work around the established rules of law.

Most attorneys are honest, hard-working individuals who take their work very seriously. Because of this, we see a number of law firms working to change public opinion. There are dishonest professionals in any field. We can look to education for current examples. There seems to be a spate of sex scandals involving schoolteachers, yet, the four cases that have been highlighted in the news within the past year does not mean all schoolteachers are sex offenders.

The same is true with lawyers. Yes, we have seen cases in which some are not honest and sadly, those are the cases exploited through the media. What you do not hear much of are stories about the reputable attorneys that solve cases and help improve or even change lives. While the public may not be quite ready to elevate lawyers to hero status maybe, just maybe we can start a kinder, gentler trend of being a little nicer.

Richard A. Hall is founder and President/CEO of LexTech, Inc., a legal information consulting company. Mr. Hall has a unique breadth of experience which has enabled him to meld technology and sophisticated statistical analysis to produce a technology driven analytical model of the practice of law. As a busy civil trial attorney, he was responsible for the design and implementation of a LAN based litigation database and fully automated document production system for a mid-sized civil defense firm. He developed a task based billing model built on extensive statistical analysis of hundreds of litigated civil matters. In 1994, Mr. Hall invented linguistic modeling software which automatically reads, applies budget codes, budget codes and analyzes legal bill content. He also served as California Director and lecturer for a nationwide bar review. Mr. Hall continues to practice law and perform pro bono services for several Northern California judicial districts.Card Pda Wireless
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