What Constitutes a Breach of Contract A breach of contract is the failure of a party to perform what they agreed to in the contract. Therefore, essentially, a breach of contract occurs when one party fails to fulfill their obligations under the contract. There are several elements involved for a claim of breach of contract. First, there must be a valid contract. Id. Second, the breaching party must have failed to perform (i.e., has fallen short of the stipulated terms…

The Landscape of California Dog Bite Laws California’s dog bite laws impose strict liability on dog owners if their dog attacks and injures another person or animal. The law generally requires the dog owner to pay damages to the injured person or animal’s owner if the victim suffered injuries and the dog was on public property (including private property where it had permission to be, such as when visiting someone’s home). California Civil Code section 3342 codifies this dog-bite statute.Civil…

Defining an Illusory Contract The definition of an illusory contract refers to one that holds no contractual obligation for either party. No actual obligation is present because there is no binding obligation from one party to perform what they have signed up for, and there is no way for the other party to enforce this. Such a contract occurs when one party lacks consideration or there is no mutuality between the contractual parties. To be enforceable, a contract needs to…

Common Law Marriage Defined What is Common Law Marriage?Even though there has been a trend in states to abolish common law marriage, it is still largely recognized in most states in the form of "marriage by cohabitation and reputation." As the name suggests, marriage by cohabitation and reputation can only be created through both the continuous cohabitation of a couple in an exclusive relationship as husband and wife and the widespread reputation among public officials and the community that the…

Legal Separation in Georgia Versus Divorce In Georgia, the process of legal separation is often misunderstood. Most clients have no idea that it is a legal and binding relationship. Most clients are unaware that they can draft a separation agreement, which is an enforceable and binding document.A separation agreement addresses property division, alimony (if any), child custody, child support, health insurance issues and all of the other issues that are typically involved in a divorce. Sometimes this document is referred…

The Legal Procedure for a Name Change In most cases, the name change process involves filing your request for a name change in the district court of the parish in which you reside. You must be over the age of 18 or a parent or tutor to file a petition on behalf of your child.Once the petition has been filed and signed, you will be required to publish a notice of your petition in the local newspaper. The local newspaper…

File Retention Guidelines Explained A file retention policy is a predetermined plan for how long to keep your files after particular events occur. Like most definitions in the legal industry, it can become very complicated. Properly setting up a file retention policy includes understanding and adhering to state and federal laws, your state Bar Association’s rules, and your legal processes. You need to be aware of the risks your firm faces should your files be retained past their expiration date.…

What Are Filial Responsibility Laws? Filial responsibility laws are used to force a child (and spouse) to pay for the medical bills of an elderly parent who cannot pay for them. If you are successfully sued by a health provider or nursing home under one of these statutes, you will be liable paying the delinquent bill, and possibly also for the attorneys’ fees incurred by the plaintiff in bringing the lawsuit.These laws were based on old English statutes that were…