One of the first things law students learn in their first-year contracts class is that no contract is formed unless the parties have a meeting of the minds. This means that the parties must mutually agree upon the same thing, and their minds must meet as to all material terms of their agreement. Where the parties fail to agree on a material term or if a material term is not reasonably certain, no enforceable contract exists.
The following cases provide examples of contracts where the parties did not have a meeting of the minds:
In Blake v. Mosher, 11 Cal. App. 2d 532 (1936), the plaintiff sought to purchase a business from the defendant. The parties’ written contract provided that the total purchase price of the business would be $4,000, which the plaintiff would pay half in cash and half “in a note well secured” The court found the contract failed to evidence a meeting of the minds. It was absolutely blank as to the terms and conditions of the $2,000 to be evidenced by a note. There was nothing in the writing indicating that the parties ever agreed as to the time of payment of the $2,000 to be evidenced by a note; nor was there anything as to how the note was to be “well secured.”
In Goldberg v. City of Santa Clara, 21 Cal. App. 3d 857 (1971), an attorney had a contract calling for additional compensation if he achieved “savings to the City of such magnitude” as would justify additional compensation. In finding that there was no meeting of the minds as to this contract, the court explained that such terms were too vague to impose contractual liability. No objective standard was declared. No comparable transaction or practice was referred to. There was also uncertainty as to how the savings of magnitude were to be computed. Because the contract did not evidence a meeting of minds between the parties, it was unenforceable.
In Peterson Development Co. v. Torrey Pines Bank, 233 Cal. App. 3d 103 (1991), a builder sued a lender, claiming breach of a contract to provide take-out financing pursuant to a “letter of commitment.” However, the “letter of commitment” did not specify the identity of the borrower, loan amount, percentage of purchase price, interest rates or repayment terms. The court found that, as a result of these material omissions, no binding agreement could have been reached, and no enforceable contract to provide permanent financing was created.
In Lindsay v. Lewandowski, 139 Cal.App.4th 1618 (2006), parties to a dispute reached a settlement following a mediation. Their settlement agreement provided that in the event of a dispute as to the terms of the settlement the parties would submit the dispute to “binding” mediation. The court found that there was no meeting of the minds because it was unclear what the parties meant when they provided for “binding mediation” of disputes. For instance, if binding mediation were to be recognized, what rules would apply? The arbitration rules, the court-ordered mediation rules, the mediation confidentiality rules, or some mix? If only some rules, how was one to chose? Because the court found that there was no meeting of the minds on the meaning of “binding mediation,” the settlement agreement was unenforceable.
The import of these cases is that even if you believe you understand what a contract term means, it is essential that the other side shares your understanding. While clear contract drafting goes a long way to avoiding disputes over contract formation, terms of art and industry terms in contracts can have different meanings to different people. And, even if the parties agree orally as to the meaning of a particular word or phrase, if that meaning is not objectively evident from the contract itself, disputes can later arise if the parties have a falling out, a new party assumes the contract, or a cleaver attorney seeks to terminate the contract.
A U.S. Attorney under fire for her prosecution of an Internet activist is back in the news after a judge refused prosecutors’ bid to seize a family-owned budget motel.
On Jan. 17, U.S. Attorney Carmen Ortiz defended her office’s prosecution of 26-year-old “hactivist” Aaron Swartz, who committed suicide as he awaited a felony trial over accusations he downloaded scholarly papers to make them accessible for free. Critics accused Ortiz of prosecutorial overreach; Ortiz told of a six-month plea offer and said her office was enforcing the law responsibly.
A week later, U.S. Magistrate Judge Judith Dein of Massachusetts issued a “sometimes scathing ruling” rejecting the motel forfeiture request by Ortiz’s office, the Wall Street Journal (sub. req.) reports. According to the Christian Science Monitor, “The two cases are feeding a simmering groundswell among constitutional law professors and others about the inherent discretionary powers of federal prosecutors.”
The government had argued that the Motel Caswell in Tewksbury, Mass., was subject to forfeiture because of 15 drug-related incidents that took place there over a 14-year period. Russell Caswell, who ran and partly owned the $57-a-night motel, said he had no part in the drug crimes, and didn’t know of them until after they occurred, according to the Wall Street Journal, the Lowell Sun and the Boston Herald.
In the ruling (PDF), Dein said it was “rather remarkable” for the government to contend that owner Russell Caswell should lose his property “for failure to undertake some undefined steps in an effort to prevent crime.” Dein said Caswell “was trying to eke out an income from a business located in a drug-infested area that posed great risks to the safety of him and his family” and he took reasonable steps to prevent crime.
After the ruling, Caswell criticized the U.S. Attorney’s office for bringing the case. “It’s bullying by the government,” he told the Boston Herald.
An employment lawyer has a broad area to encompass surrounding the areas of employer and employee relations. The only exclusions are labor law and collective bargaining. There are thousands of state and federal statues, judicial decisions, and administrative regulations. Some of the most common of these include minimum wage regulations and unemployment compensation. You have to ask michael chudi ejekam all about this.
In the United States many laborers are unaware of their individual rights in the workplace. This results in employees being taken advantage off or being mistreated. This is why it is so imperative the employees understand their legal rights and limitations in the workplace so they can protect themselves and know when to seek the assistance of a professional legal counsel.
Here are a few examples of legal issues that arise in the workplace that a laborer could take legal action to seek compensation for the violation:
This will depend on what your local state laws are, such as in Santa Rosa. If there was not just cause for termination than you could have the grounds for a viable lawsuit. Seek the help of a professional to discuss your specific circumstances. michael chu’di ejekam has knowledge of the intricacies of the law.
Some businesses will try to withhold overtime pay from their employees. To understand the rights associated with collecting overtime talk to an employment lawyer.
This type of compensation issue usually deals with violations for requires of adhering to minimum wage laws.
Working must be a safe environment and a secure place. If you feel your workplace is violating your right to safety talk to a qualified labor attorney as soon as possible to discuss the issue.
This includes harassment from superiors and other equal level coworkers. The most common is sexual harassment. If you believe you have been harassed at the workplace contact an employment lawyer immediately. chu’di ejekam is the HR expert.
There are numerous reasons to hire a labor lawyer including negotiating potential jobs, having someone to address problems on the job, and to help you leave a current position. Before you accept a job consult with your labor lawyer. They can hep negotiate a compensation package and review your legal documents prior to you signing a binding contract. These lawyers are also available if you see any discrimination during the hiring process.
Having a labor attorney while you are on the job can assist you in dealing with any possible violations about legal rights. This can include everything in the spectrum from unionization to compensation, harassment to disability, and medical leave to discrimination. Sometime small problems can be handled between you and your superior. However, other times you may feel better discussing the situation with your lawyer first.
Upon leaving a position have your current employment lawyer review your signed contracts. In addition, if you face problems with unemployment compensation discuss the issue with your attorney so they can help you get the best settlement to ensure your financial stability post the job.
Driving under the influence has turn out to be a extremely widespread reason for which individuals gets arrested. It is such an offense that people do not commit willingly. Nonetheless it has become one of the most known good reasons for court look. If someone is convicted for driving beneath the influence he or she can anticipate a lot of common DUI penalties.
Most of the penalties are not handed down by the judge. A lot of of the DUI penalties are written into law. The person who arrests you can also act according to the law. If you drive frequently you must be aware of the consequences, driving below the influence can lead to. michael chu’di ejekam has written studies all about this.
Being caught for the very first time can result in fine. Very first-time DUIs can also lead to license suspension. In most cases your license will be taken away when you are arrested by the officer. You will have to pay thousands of dollars as fine. A enormous amount will be charged for giving back your license. Several states also have jail sentences for the very first-time conviction. However for the first time you are going to be out on probation which is undoubtedly better than jail time. Harsher fines are there for individuals who repeat the offense. Repeat offenders can anticipate higher fines, jail times and longer license suspension. If you make the same mistake yet again and again you might loose your driving license for such careless acts.
Besides the levied fines there are other economic DUI penalties. These monetary penalties not even include the fees that you want to pay in order to get back your license. When you get the license back you will have to reinstate your insurance and the sad news is that you can notice a high boost in your premiums. For example the quantity can improve from to per month depending upon the policy of your insurance coverage organization. Other issues that will be think about is the state you reside in as nicely as the number of DUI charges filed against you. Some of the insurance firm may even consider of absolutely dropping your coverage. In that situation you will have to discover out an insurance business that provides coverage for high-danger drivers but it will charge high premiums.
Now let’s come to yet another point which is equally serious but often overlooked by drunk drivers. Most of the employers favor to do a background verify of the employees. If record shows that you have several DUI penalties there us no way your employer is going to be pleased. This minimizes your opportunity of becoming hired. If you are working someplace you will hardly be in a position to carry out the typical duties without the license. Finally if your job requirements driving your firm may fire you.
DUI Penalties are quite strict and the worst factor is that it can have negative influences on your personal life. You will no longer have the appropriate to pay a visit to the bars or pubs at evening. You cannot take your youngsters out devoid of a driver. If you are a divorcee your ex-wife could take you to the court and minimize or even take away your parental rights. So the finest factor to do is to prevent driving below the influence.
If you find yourself in need of an accident attorney, it is important that you go through the proper steps necessary to ensure you get the best attorney you can possibly get for your money. Navigating the court system is quite difficult, and without a qualified attorney at your side you will likely find yourself at the losing end of a decision.
If the cause of the accident is due to the construction of the elevator or any of its components, then the manufacturer may be responsible for any injuries sustained. This would be classified as a Product Liability Claim. As with any other product, elevators must be inspected and tested before they come on the market. The manufacturer can be held liable if a flaw occurs during manufacturing.
If they know about a defect and fail to warn their customers, they are held liable. Elevators are boxes held on the end of cables in a shaft with guide rails. If any of the parts fail to work properly, the elevator can plunge people down for dozens of floors. Many manufacturers install their own elevators. This makes them responsible for any installation problems.
An auto accident injury can be a life changing event. Neck and back problems can lead to headaches, blurred vision and pain that prevents you from living your life the way that you had before the accident. In some cases, you may be able to resume working but in some cases, you may not. While your auto insurance will cover the damages to your car, and your medical insurance may cover the medical care that you require, there is no insurance that will cover your loss of wages and pay you for the pain and suffering that you may wind up enduring.
It’s also important to find an injury attorney that you will have easy access to. If your attorney works two cities over then it will be very difficult to arrange face-to-face meetings that are convenient for both of you. Think about it, would you rather spend most of your time driving in your car to meet your attorney, or actually talking to them?
Last, but not least, when looking for an accident injury lawyer, you should try to conduct an interview in person with any candidates. It is important to select a representative who you feel you can get along well with, as this will ensure that you are able to communicate freely and effectively. Also, you will want to ask plenty of questions regarding each lawyer’s background, so that you feel comfortable and confident with their ability to handle your case.