A Contract Set in Stone

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.Co Op
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Personal Injury Claims - Protect Your Rights By Knowing What Not To Say

Pursuing a personal injury claim puts you in an unfamiliar situation. You'll have to think carefully before you speak to anyone. From the adjuster, to the defendant, to the police officer at the scene - what you say makes a difference.

Never forget that the insurance company wants to save money. When processing your claim they'll use anything you say against you in order to lower your settlement payment.

Litigation and claim processing really starts the moment an accident happens. You can make or break your case depending on how you handle yourself immediately after the accident. You must collect and pay attention to evidence, and you need to keep a clear record of what you see.

What you say during this time can sometimes come back to haunt you. Imagine that you come out of a car accident and you're faced with a hysterical driver. You might feel the need to calm them down. It would be natural to say things like "its okay", "its not your fault", or even "its my fault." You might also feel the need to say that you're okay and aren't injured. Saying such things is normal and shouldn't totally ruin your personal injury claim. But these statements can make things more difficult, especially if you were heard by witnesses.

If you have an accident on business property, you may be interviewed by a company representative, or be asked to fill out forms on the accident. First of all, dont sign anything. The only thing they could possibly ask you to sign is something that will clear them of responsibility. You havent even thought about a personal injury claim yet, so why would you let them off the hook?

As for questions they'd ask, answer like you would for a police report. Never say anything that will admit negligence on your part. Dont even hint at it. Something as simple as saying you're not sure what happened, or that you may have made a mistake, is bad for you.

When discussing your personal injury claim, you want to make sure you refer to your injuries in medical terms. Usually you'll just be repeating things from your medical file.

Sometimes, you might be tempted to use terms that are medical slang. Don't do this. A common example of this kind of slang is the term "whiplash." This term is widely used and serves to quickly explain a certain type of injury, but it's a bad word to use when discussing a personal injury claim.

Whiplash has never been a medical term. It used to be an acceptable way of describing certain injuries incurred from a car accident. These days it's become associated with exaggerated or even fraudulent claims. Using it can damage your case - it can create a negative view with the adjuster or the judge.

No doubt there will be other times when you should watch what you say. The general rule to remember throughout your personal injury claim is: you're not an expert. Whether it's legal or medical, don't let anyone pressure you into saying something that isnt your place to say - this is especially true when determining the extent of your injuries. And remember, if something is your fault, then it's someone elses job to prove it.

Arthur Gueli works with his brother Charles (a licensed personal injury attorney) teaching injured people how to protect their rights and obtain fair compensation for their damages.Anna Porn
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