What is Non-Performance For the purposes of Spain, for its part, the law on obligations and contracts defines the violation of a contract as the situation whereby the party responsible for the fulfilment of an obligation does, or fails to do, what was agreed upon, thus leaving the other party in the position of the aggrieved party. Furthermore, non-performance is …
Proffer Agreement Explained A proffer agreement is a formal contract between a criminal defendant and a government prosecutor. Typically, the term refers to a pre-indictment arrangement, but it is possible for federal prosecutors to offer a more informal proffer agreement during the course of adjudication (called a "proffer session").In simple terms, a proffer agreement represents a plea deal with the …
What Is a Non-Compete? Non-compete agreements are contracts between an employer and an employee that restrict the employee from engaging in competition with the employer for a stated period of time following the termination of employment. The existence of a non-compete will not necessarily mean that the employee is bound by its restrictions . If you have already signed a …
About the St. Thomas Law Review The St. Thomas Law Review, a scholarly publication at the St. Thomas University School of Law, was founded in 1986 with the purpose of promoting dialogue among the legal community and encouraging legal scholarship. By organizing conferences, publishing topical issues, and providing a forum for student writers, the Law Review stands as an integral …
What Breach of Contract Means at a Car Dealership In order to establish that a dealership contract has been breached, four basic elements must be shown: 1. A valid contract was in place. For a contract to be considered valid, it must be signed and agreed to by both parties (you and the dealer) for legal consideration (either the purchase …
Deciphering the Function of a Legal Opinion The primary purpose of a legal opinion is to provide the recipient and/or the recipient’s counter party with an extra layer of security and assurance regarding Title and the validity of the legal decisions made. Generally, legal opinions are issued to the lender or buyer in connection with the acquisition of an asset …
A Look at How Family Court Works Family Courts have adopted a "case flow management" system, with the goal of getting cases resolved more promptly to help reduce the backlog of family cases pending in the court system. While case flow management systems may differ from one court to another, in essence, from the moment a case is commenced through …
Defining a Pooling Agreement A pooling agreement is a legal document that outlines the terms and conditions under which multiple parties agree to share costs and benefits related to a particular product or asset, such as an oil well or an oil and gas lease. This contract’s scope can easily grow to encompass more than just shared resources. A workable …
An introduction to change of custody In Georgia, families may find themselves in need of a change of custody for any number of reasons. For instance, one parent may decide that it is in the best interest of the child to live with the other. Alternatively, changes in a child’s circumstances may warrant a switch in custody. In other instances, …
What is Legal Guardianship? Legal guardianship is a specific form of guardianship that relates to an individual’s parental rights and responsibilities toward a child. The legal definition states that: A guardian of a minor is a person appointed, either by a will, by the court, or by law, to take care of the person and to manage the property, or …
