The Judicial Education Center indicates that a “A breach is material if, as a result of the breaching party’s failure to perform some aspect of the contract, the other party receives something substantially different from what the contract specified.” Essentially, this means a breach is considered to be a material one if it gets to the very essence or heart of the agreement. A material breach happens when one of the contracted parties fails to do the very thing that the contract was created for. A non-material breach, on the other hand, occurs when the failure to perform was a minor one. The purpose of the contract is still in tact, the parties substantially performed according to the terms of their agreement, but something small went wrong.
Read MoreEvery business faces certain risks, ranging from the chances that a customer will get hurt on a premises or when using a product to the risk of a lawsuit by a disgruntled employee who claims he was discriminated against or not paid fairly. Your company could be sued, and even a claim against your business could result in costly legal fees. Your business could also be adversely affected by disadvantageous contractual agreements which don't protect you and which make profitability harder.
Read MoreTenants have legal rights when they rent property. If you are renting residential or commercial space, you need to know how the law protects you. It is also important to understand what your obligations are as a tenant so you don't find yourself facing eviction or other problems. Unfortunately, if you don't learn about Pennsylvania real estate laws or know how the laws and their lease you, mistakes can happen.
Read MoreContracts can be used to protect your company interests in many important ways. For example, you can use non-disclosure agreements to protect your company's trade secrets and proprietary information. You can also use non-compete agreements to ensure your employees do not go to work with competitors right after leaving your employ. If you have a smaller company, shareholder agreements, partnership agreements, buy/sell agreements and employment agreements are just a few of the many different kinds of contracts that you could end up creating in order to make certain that your business doesn't fall into the wrong hands and to reduce the potential for problems to arise among co-owners.
Read MoreIt is important to understand all of the terms of any financing arrangement that you enter into, and an experienced attorney can assist you with this process. From reviewing bank documents to negotiating agreements with investors, an attorney provides invaluable advice in ensuring that your financing sets your company on the path to profitability.
Read MoreEmployees are supposed to be paid for their time doing work activities. If employers don't pay, workers can take action. A group of employees from Tyson did just that: they filed a class action lawsuit because their employer was not paying for their time putting safety gear on and taking it off. Safety News Alert reported on the lawsuit, which ended up getting all the way to the U.S. Supreme Court.
Read MoreWhen you enter into a commercial lease as either a landlord or a tenant, the lease often lasts for a term of a year or more. There may be substantial amounts of money at stake. The terms of the lease can affect whether the building rental is profitable for you as a landlord and can affect whether or not the space actually works for your business interests as a renter.
Read MoreSometimes, it can be difficult to determine if you were fired due to discrimination or not. Some of the red flags that you should look for include a failure of the employer to follow written or implied promises made to you, disciplinary action or a termination despite no wrongdoing on your part, discriminatory statements, other terminations of people of protected classes, a pattern of discrimination, a termination following a specific interaction with your employer,
Read MoreIf you determine a breach of contract occurred, you can file a civil lawsuit. If you can successfully prove an unjustified breach, there are different kinds of legal remedies which could be available to you. You could ask the court to order the other party to follow through on the agreement and comply with contract terms. You could also ask the court to require the breaching party to pay you damages. It is up to you to prove how badly you were damaged and to show the extent of your losses so you can be fully compensated after a contract breach.
Read MoreWhen you hire employees, you take on a host of legal obligations. You need to make sure you comply with all of the requirements imposed on employers so you do not face legal consequences. You also need to make sure your employees do not jeopardize your business interests.
Read MoreBeing a landlord can be rewarding and lucrative, as long as you do not make mistakes which end up costing you. Some of the common mistakes made by new landlords include not understanding anti-discrimination requirements, not conducting background checks before renting to tenants, failing to ensure a lease protects their interests, not understanding rules for eviction, and not understanding bankruptcy rules.
Read MoreThe Small Business Administration explains that: “An employee handbook is an important communication tool between you and your employees. A well-written handbook sets forth your expectations for your employees, and describes what they can expect from your company. It also should describe your legal obligations as an employer, and your employees' rights”
Read MoreThe decisions which you make initially as you organize your company and open its doors can affect both your company's long-term future and your personal financial security. Getting the proper advice can save you hassle, heartache, and financial devastation in the future, so you should be sure to reach out to an attorney right away.
Read MoreDisparate impact discrimination usually starts when there is a job requirement established by an employer. The job requirement may appear to be neutral on its face. However, it ends up disqualifying more people of a protected class, such as more people of a given race or a given religion. For example, in an area where fewer minorities have a college education, a job requirement mandating a college degree could be considered disparate impact discrimination.
Read MoreThere are different types of environmental review requirements which are in place within the state of Pennsylvania. You need to know what the environmental review requirements are in your location and for your particular type of development project or business endeavor. The best way to understand the environmental review requirements applicable to you is to speak with a land use development attorney.
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