Posted by
admin – March 24, 2010
Tort law is an area of law commonly practiced by attorneys who litigate cases involving accidents and injuries and suits involving damages due to harmful prescriptions. These are negligent torts, among many other kinds of tort cases. A main difference between tort law proceedings and other litigation is that tort law does not address contractual arrangements. Any infraction of agreements does not fall under tort law.
Where tort law is concerned, it is always incumbent on the plaintiff, or the injured party, to prove the wrong was perpetrated. The attorney representing the plaintiff in tort actions must be able to prove that his client suffered injury because the defendant failed to do something that he was obligated to do under the law, and must show that his client suffered damages because of this failure to comply. Damages can be physcial, but they can also be mental, emotional, or monetary, or any combination thereof. As long as the plaintiff can prove suffering, there is a case for compensation of loss.
Posted by
admin – March 22, 2010
A contract is a binding promise or group of promises made by parties seeking to offer something of value. The promises are offers and acceptances, depending on the terms agreed upon by each party. The something of value is termed consideration. There is a legal obligation to carry out the terms of the contract and the contract may be subject to liability in the event of contract non-performance.
Contract formation begins with the willingness of one party to extend an offer of a binding agreement. An acceptance is a statement agreeing to the terms of the offer. When the contract is formally accepted, the parties enter into a legally binding relationship. When the parties agree to exchange consideration or something of value then the contract becomes valid.
Implied contracts are legally enforceable by the terms of conduct between the contractual parties. Contractual parties may enter into a verbal agreement referred to as an oral contract because it is not in writing. Written contracts document the obligations of the parties and the agreed upon consideration. Some types of agreements are legally required to be in written form.