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Athens Legal Issues Blog

When can breach of contract lead to business litigation?

Contracts form the backbone of many business relationships. Essentially, a contract exists when each party to the contract promises to do something for the other party in exchange for something of value. However, gone are the days when business contracts are made with a handshake and a smile. These days, they are often heavily negotiated and reduced to writing, so there is documentation of what each party promised to do.

Unfortunately, there are times when one party to a contract does not deliver on their promise. This is known as "breach of contract" and it could lead to business and civil litigation. In general, the contract will be enforced if it meets four requirements.

Breathalyzer results are not always accurate

In college towns like Athens, drunk driving charges are common, although not always justified. Many people accused of drunk driving after allegedly failing a Breathalyzer test seem to think that there is nothing they can do to fight these charges, but this is not always true.

Although Breathalyzers and other similar devices provide impressive data quickly, they are far from perfect or even reliable. In fact, many Breathalyzer test results get thrown out, often resulting in dismissal of charges. If you face drunk driving charges because of the results of your Breathalyzer test, it is wise to consider your defensive options in order to protect your rights.

An arrest in college can become the lesson of a lifetime

Criminal charges as a college student are a serious challenge. You face consequences not only from the criminal justice system or from the university’s student conduct code, your career and other opportunities may also punish you for the mistakes you make today.

College is about learning inside and outside the classroom. But you can’t learn the complex and unforeseeable consequences of criminal charges as a college student fast enough. A student now in trouble with the law needs experience beyond their years.

How do contingencies operate in real estate contracts?

Buying a home is an exciting time in a person's life, whether the person is buying their first home or whether the person is upsizing or downsizing from an existing home. Part of the homebuying process includes the execution of a real estate contract. However, such contracts may have contingencies that need to be met before the sale can be completed. The following is a basic overview of contingencies in real estate contracts.

In a nutshell, contingencies are conditions or actions that must be fulfilled to make a contract legally enforceable. Under certain circumstances that are negotiated and agreed upon by the buyer and seller, if a contingency goes unfulfilled, one or both parties may back out of the real estate contract.

Trucker hours-of-service rules still apply, despite legal delay

Our nation's economy relies on the ability of producers of goods to ship their wares across the nation, including right here in Georgia. Many companies utilize semitrailer trucks to transport their products. Driving a semi can be financially rewarding, and sometimes drivers are incentivized to make as many deliveries as possible, as quickly as possible. However, to do so some truckers may try to drive for long hours, even if they are fatigued. This can result in truck accidents caused by drowsy driving.

To address this situation, the Federal Motor Carrier Safety Administration has instituted hours-of-service regulations that dictate how long truckers may drive before they must take a rest break. The Department of Transportation updated these rules earlier this year, and initially set June 7 as the publication date that the rules would take effect. However, an agency spokesperson has confirmed that these rules are still being reviewed, and they will not be published on June 7 as previously indicated.

A brief overview of wrongful death personal injury claims

When someone dies due to the negligence of another party, the victim's loved ones are left with the grief and anger in knowing that the death could have been avoided. They may also suffer significant financial damages due to the loss of their loved one.

A type of personal injury claim known as a wrongful death lawsuit can help family members cope with the monetary losses they suffer due to the loss of their loved one. It can also help hold people accountable for their negligence, and thereby encourage others to be more cautious.

Are Business Contractual Disagreements Resolved Only By Lawsuit?

 

In the ever-shifting world of business operations, expectations may change. Although parties to a contract may conduct thorough due diligence, even the most proactive approach is not an absolute safeguard against contractual disagreements. When those disagreements escalate into non-performance of contractual duties, it is important to consult with an experienced business litigation firm.

Understanding how undue influence affects probate litigation

If you have recently lost someone whom you care about, it is likely that you are currently going through the probate process. While it is never possible to predict what wishes a person might have laid out in their will, you will probably have some vague expectations of what instructions it will contain.

If you are surprised by the wishes laid out by your loved one and you believe their instructions are extremely out of character, you may become suspicious that another person has influenced your loved one. If this is the case, it is important that you take the time to understand legal terms in more detail and that you know how to take action.

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