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Posts Tagged ‘auto accident texas’
Personal injury
Tuesday, August 3rd, 2010
Personal Injury Texas
Thursday, June 17th, 2010Our Denton personal injury lawyers are devoted to securing compensation for people who have been injured. Our experience is vast, and we have handled almost all types of personal injury matters including personal injury as result of 18 wheeler accidents, automobile accidents, hit and run accidents, sip and falls due to unsafe conditions and nursing home abuse. Haire Law is the leading law firm for personal injury in North Texas for all your personal injury needs. Extreme Lawyers for Extreme Injuries
Contracts part 2
Thursday, May 13th, 2010So there we have it–Offer, Acceptance, and Consideration.
We learned that a minor glitch in one of the 3 elements is not necessarily fatal–that a problem–or BREACH of Contract, has to be a “Material Breach” to make the contract “Voidable.”
Voidable contracts are not worthless on their face–they are “Voidable” meaning one party can legally terminate the contract without legal ramifications. In the absence of termination, the contract remains enforceable. A “Void” contract is different–avoid contract is void on its face and not enforceable. A “Voidable” contract would be a contract to purchase a “Time machine.” If the seller does not produce an actual working Time Machine, the buyer has the right to tell him to buzz off–and not pay him, thus voiding the contract.
A “Void” contract is not enforceable and never was–but in some cases can be in the future. Can you think of any examples? What if you sell your neighbors 12 year old a lawn mower for a grossly inflated price–thrilled that you “Outsmarted the little idiot.” Well, you may be thinking it’s the inflated price that blew the deal–but it’s actually the age of the buyer. Contracts to sell goods to minors are void on their face–Minors are considered legally insane (non compis mentis) and thus unable to enter into a contract.
How in the world could that become enforceable in the future?
Well, if the 12 year old is making payments on the $80,000.00 lawn mower every month like clockwork–when he becomes of age and makes another payment–it becomes an enforceable contract. How screwed up is that?
What if the contract is for sexual services? You have an offer, acceptance and consideration, right? Contracts to purchase illegal goods or services are “Void.” Not Voidable–they are unenforceable because they are illegal. You buy a quarter bag from your neighbor and he sells you Oregano? Call the cops? Hardly. Though I did see one episode of “Cops” where the lady bought a $20.00 rock of crack from a lady who stiffed her. Unbelievable. The contract is not enforceable if the goods or services being purchased are not legal in the first place. So next time you feel like you didn’t get your money’s worth from your, um, escort–leave it alone, my friend…..leave it alone.
I am a Christian and want you to know that we all make ridiculous mistakes–so when I tell these stories I am not condoning that behavior–just telling you whether it’s legal or not. The years I did Criminal Defense work showed me that all of us are fallen, so don’t even THINK about pointing your finger at anyone but yourself. I can’t, and you don’t either.
Contracts
Thursday, May 13th, 2010Let’s talk about some interesting law–no more boring newsletters. You can use this stuff, and sometimes you may need to protect your young ones from it.
Today, I want to talk about contracts. A contract hinges on 3 things, 1. Offer 2. Acceptance and 3. Consideration. Easy, right? Libraries have been filled with the variations of these 3 nuggets, so “No”, not easy. Here’s the thing, An offer is anything–Hey Bob, I will sell you my mower for $50.00. An acceptance, too–can be anything. 2. Sure Julie, I will accept your offer to sell me your mower for $50.00. No problem, right? The Consideration is simply the money….the $50.00. So, why so complex?
Well, Eric and Julie are friendly, but not friends. She knows he’s broke, and he knows she knows, which is why he fully intends to pay her $50.00, $5.00 a week for 10 weeks. Well, Julie needs cash money and is not in the finance business–so she says “I want the full amount in one payment.” Eric can’t do it, but she HAD to know he would pay it out, so according to Eric, she is in breach of their Contract. She had no idea he would want to finance it, so she believes he is in breach of Contract.
The overriding question in this case is whether the problem is a ‘material breach’ of contract. Courts have held that payment is material, so if there is a problem with the method of payment, it’s a big enough problem to void the contract if it isn’t clear. If Eric said, “Man, I thought you were delivering it to my house!” and they live next door to each other–it’s not material. Since the method of payment is in fact material, Eric will have to give the mower back or pay for it in full. If he refuses to give the mower back and continues to make his payments, she will be able to sue him and recover the mower as well as attorney fees and damages, because he is the one in breach of the contract. The problem with this contract is not with the offer, not with the acceptance–but with consideration.
Next month we will talk about different kinds of contracts and whether a contract for sexual performance is enforceable. You will be surprised.
US government sets new rule with hopes of leading by example
Sunday, January 3rd, 2010The US government sets new rule with hopes of leading by example. Cell phone use while driving is the #1 killer of teens.
WASHINGTON – At the conclusion of a two-day summit on distracted driving in Washington, D.C. today, U.S. Transportation Secretary Ray LaHood announced a series of concrete actions the Obama Administration and the U.S. Department of Transportation (USDOT) are taking to help put an end to distracted driving.
Last night, President Obama signed an Executive Order directing federal employees not to engage in text messaging while driving government-owned vehicles; when using electronic equipment supplied by the government while driving; or while driving privately owned vehicles when they’re on official government business. The order also encourages federal contractors and others doing business with the government to adopt and enforce their own policies banning texting while driving on the job.
“This order sends a very clear signal to the American public that distracted driving is dangerous and unacceptable. It shows that the federal government is leading by example,” said Transportation Secretary Ray LaHood. “I fully expect that all 58,000 DOT employees and contractors will take this order seriously. Let’s show our friends and families that we can resist the temptation to answer the phone, send a message, or allow some other distraction to interfere with our driving.”
Secretary LaHood pledged to work with Congress to ensure that the issue of distracted driving is appropriately addressed. He also announced a number of immediate actions the Department is taking to combat distracted driving, including the Department’s plan to create three separate rulemakings that would consider:
Making permanent restrictions on the use of cell phones and other electronic devices in rail operations.
Banning text messaging altogether, and restrict the use of cell phones by truck and interstate bus operators.
Disqualifying school bus drivers convicted of texting while driving, from maintaining their commercial driver’s licenses.
The Secretary also called on state and local governments to work with USDOT to reduce fatalities and crashes by making distracted driving part of their state highway plans, and by continuing to pass state and local laws against distracted driving in all types of vehicles, especially school buses. He asked states and local governments to back up public awareness campaigns with high-visibility enforcement actions. And he said the Department is establishing an on-line clearinghouse on the risks of distracted driving, aimed especially at young people, which will give them information to help encourage good decisions.
High-speed wreck kills three
Sunday, January 3rd, 2010New Years disaster strikes in Denton, Texas. It’s sad that lives are lost and the family’s left behind have to suffer the ultimate cost. Young teenagers should hold this story dear and beware of their actions because their life is worth more than anything else. Below is the story from the Denton Record Chronicle.
Two teenagers were killed shortly before midnight on New Year’s Day, when the driver of a Ford sedan traveling at a high rate of speed crashed into a traffic barrier in the 1800 block of North Loop 288.
Another passenger in the car was taken by helicopter ambulance to Methodist Medical Center in Dallas, where he was pronounced dead from a lacerated aorta, according to officials.
There were three other teenage passengers in the car who are being treated for minor injuries at Denton Regional Medical Center, said Denton police Capt. Lenn Carter. By Candace Carlisle
Haire Law – Personal Injury http://www.hairelaw.com/
Texas personal injury
Tuesday, December 29th, 2009When you’re injured, you feel powerless, aggravated, and discarded. Medicals bills start piling up. You may be missing work. You need someone to help you so you can start getting back to normal.
Our personal injury attorneys are dedicated to get injury victims the help they deserve. We have settled numerous of cases in order to secured the rights of victims and have secured them the compensation they deserve. From auto accidents to medical malpractice to workplace injuries, The Texas personal injury firm of Haire Law can help injury victims get their lives back to normal.
If you have been injured, help is on the way at hairelaw.com.
Free personal injury case evaluation
Monday, December 21st, 2009If you’ve been injured as result of another, you deserve to know your legal rights. At The Law Firm of Rocky Haire, our seasoned Texas accident attorneys offer all potential clients a free, no-obligation case review. One of our skilled, professional attorneys will review your case and discuss your legal options with you. To schedule your free and confidential consultation, call us anytime at 940-484-5555. Our staff is available to take your call 24 hours a day. For your convenience, evening and weekend appointments are also available.
Automobile accident – personal injury
Thursday, December 17th, 2009The Haire Law Firm handles hundreds of personal injury claims per year, making sure that each claim is given precise attention to get the best possible settlement for each automobile accident case. With our veteran attorneys and legal staff, you are assured of knowledgeable and proper representation of your personal injury case to get the compensation you deserve. Automobile accidents can be strenuous; our personal injury attorneys will alleviate the stress.
Personal injury caused by car wreck
Monday, December 14th, 2009Our Denton personal injury lawyers are devoted to securing compensation for people who have been injured. Our experience is vast, and we have handled almost all types of personal injury matters including personal injury as result of 18 wheeler accidents, automobile accidents, hit and run accidents, sip and falls due to unsafe conditions and nursing home abuse. Haire Law is the leading law firm for personal injury in North Texas for all your personal injury needs. Extreme Lawyers for Extreme Injuries
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