#Privity of Contract

[jamaicahomescom]

Enforcing Covenants in Leases: An Exploration of Old and New Laws

Understanding the dynamics of landlord and tenant relationships requires delving into the intricacies of land law, encompassing Real Property law and Conveyancing. Historically, covenants originated in contract law before being integrated into land law. Notably, leases pre-1925 were considered personal property. Distinguishing Factors: While contract law operates under the principle that only…

[bzalma]

No Privity, No Right to Sue                                                                                                                    

Suing All State Farm Insurers Unconscionable

Barry Zalma

Jun 30, 2023

Read the full article at https://lnkd.in/g7_Tvisk and see the full video at https://lnkd.in/ganUFBFS and at https://lnkd.in/gg_7u-cC and at https://zalma.com/blog plus more than 4550 posts.

State Farm Mutual Automobile Insurance Company (“State Farm Auto”) and Defendant State Farm General Insurance Company (“State Farm General”) moved the court to dismiss all Plaintiff’s claims against the entities. The motion was regarded as unopposed.

In Bridget Butler v. State Farm Fire And Casualty Company, State Farm General Insurance Company, And State Farm Mutual Automobile Insurance Company, No. 3:22-Cv-03433, United States District Court, W.D. Louisiana, Lake Charles Division (June 23, 2023) a Bridget Butler whose home was damaged by two hurricanes sued three State Farm Insurance companies when only one insured her against the risk of loss of her property.

INTRODUCTION

Hurricane Laura made landfall near Lake Charles, Louisiana then Hurricane Delta made landfall near Lake Charles, Louisiana. During the relevant time period, Plaintiff Bridget Butler owned property in Monroe, Louisiana. An entity of State Farm provided a policy of insurance to Plaintiff. Plaintiff alleged that Defendant failed to timely and adequately compensate Plaintiff for her substantial losses pursuant to the Policy. In turn, Plaintiff filed suit against State Farm Auto, State Farm General, and State Farm Fire and Casualty Company (“State Farm Fire and Casualty”) claiming liability for damages for breach of contract plus general damages and for statutory violations and penalties under Louisiana Revised Statutes.

State Farm General and State Farm Auto moved for dismissal of the claims against them. Plaintiff filed no response to the motion.

RULE 12(b)(6) STANDARD

Rule 12(b)(6) allows for dismissal when a plaintiff “fail[s] to state a claim upon which relief can be granted.”

LAW AND ANALYSIS

The Complaint alleges that the “Defendant” issued and maintained a Policy insuring Plaintiff’s Property. The Complaint does not provide a specific policy number, and the Complaint asserts a policy number was unable to be identified because “Defendant” did not comply with Plaintiff’s request for production of the policy number.

Attached to their Motion to Dismiss State Farm General and State Farm Auto put forth an insurance policy with the policy number 99-CC-X642-7, and both companies assert that the attached policy is the Policy referenced in the Complaint. The attached policy is from State Farm Fire and Casualty and names Plaintiff as insured and the Property as the location of premises insured with a policy period of twelve months beginning August 25, 2020. State Farm General and State Farm Auto are not listed as parties in the attached policy. Additionally, both State Farm General and State Farm Auto maintain that neither entity has issued a policy to Plaintiff.

Under Louisiana law, no action for breach of contract may lie in the absence of privity of contract between the parties. State Farm General and State Farm Auto are not parties to the attached policy, and each assert it did not provide Plaintiff with any insurance coverage. Therefore, neither State Farm General nor State Farm Auto are in privity of contract with the Plaintiff. According to the attached policy, Plaintiff is only in privity of contract with State Farm Fire and Casualty.

CONCLUSION

Defendants State Farm General Insurance Company and State Farm Automobile Insurance Company’s Motion to Dismiss was granted.

Plaintiff maintains claims against State Farm Fire and Casualty Insurance Company.

ZALMA OPINION

There should be no excuse for a plaintiff to require the State Farm entities that did not insure Ms. Butler to move the court for dismissal. A telephone call from defense counsel to plaintiff’s counsel informing Ms. Butler of the proper defendant and voluntarily dismiss the wrong State Farm entities. The decision of the court was easy but Judge Cain has more important things to do than deal with an unnecessary motion. Sanctions against Plaintiff’s attorney could have been warranted.

(c) 2023 Barry Zalma & ClaimSchool, Inc.

Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

Subscribe and receive videos limited to subscribers of Excellence in Claims Handling at locals.com https://zalmaoninsurance.locals.com/subscribe.

Consider subscribing to my publications at substack at https://barryzalma.substack.com/publish/post/107007808

Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01

Barry Zalma, Esq., CFE, is available at http://www.zalma.com and zalma@zalma.com

Follow me on LinkedIn: www.linkedin.com/comm/mynetwork/discovery-see-all?usecase=PEOPLE_FOLLOWS&followMember=barry-zalma-esq-cfe-a6b5257

Write to Mr. Zalma at zalma@zalma.com; http://www.zalma.com; http://zalma.com/blog; daily articles are published at https://zalma.substack.com. Go to the podcast Zalma On Insurance at https://podcasters.spotify.com/pod/show/barry-zalma/support; Follow Mr. Zalma on Twitter at https://twitter.com/bzalma; Go to Barry Zalma videos at Rumble.com at https://rumble.com/c/c-262921; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg; https://creators.newsbreak.com/home/content/post; Go to the Insurance Claims Library – https://zalma.com/blog/insurance-claims-library.

Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

Subscribe and receive videos limited to subscribers of Excellence in Claims Handling at locals.com https://lnkd.in/gfFKUaTf.

Consider subscribing to my publications at substack at https://lnkd.in/gcZKhG6g

Follow me on LinkedIn: https://lnkd.in/guWk7gfM

Go to Barry Zalma videos at Rumble.com at https://lnkd.in/gV9QJYH; YouTube- https://lnkd.in/g2hGv88; Go to the Insurance Claims Library – https://lnkd.in/gWVSBde.

[theknightmarket]

"It's just not easy."

In which Damien finally decides what to do.

[This is the second part to 'What if I Just Sit Here and Die', a request from my lovely anon, Alexandrite! I hope you enjoy it!]

TW: anxiety, possible panic attack (?)

Pages: 12 - Words: 5,000

[Requests: OPEN]

If someone had told a younger Damien that, in a year, he would be sitting in his normal classroom, in his normal seat with his normal peers around him, he would’ve been confused as to why they were telling him this. However, should they have continued on to say he would be sweating through his cotton shirt, his pen slipping out of his clammy hands and steam practically seeping through his collar - only because of the fact that he was sitting next to someone who said some nice things to him, spoke to him in a kind tone, was pretty damn handsome and/or beautiful themself, and risked a penalty by making jokes about the professor? He’d blush, just as he was in that moment, and ask, “Well, how will that moment end?” And the someone will laugh, shake their head, and say, “You’ll both be forced to clean the classroom for the next week.”

Presently, Damien was barely paying attention to the words of the professor. He was going on about something about the relationship between the government and the public, but he was more focused on the stray mutterings of the person next to him. You, who occasionally leaned over to whisper a joke or comment that had him stifling a laugh, generously spent your time entertaining him instead of listening to the lecture. In truth, it probably benefited neither of you in the long run, but Damien couldn’t deny that this was the most fun he’d ever had in a lesson before. He was learning just as much, anyway, so it didn’t make a difference. Not to him, at least. 

To the professor, who was barely managing to stay on track with the incessant whispering that kept stealing his attention, it made a lot of a difference. 

“Is there something you two would like to share?” he asked, making you freeze with your upper body halfway out of your new seat. Your mouth hung open, and Damien’s eyes met yours with a flurry of silent emotions. Horror, sympathy, and then resolve. He hadn’t a clue what you were planning, but from the way you slowly reared back and looked to the man at the front of the classroom, he had faith it was going to be good. 

“Sorry, sir, I’m just slightly confused on how this can be allowed while following the privity of contract.”

The professor’s expression matched Damien’s own, a pure slate of shock, before the older man’s drifted off into confidence. 

“Well, in this scenario, neither party has obligations imposed on them in the technical sense…” He continued his chatter, but Damien was not focused on that yet. He was more taken by you relaxing back into the hold of your wooden chair, the complete relief when your lie passed through your lips like every other breath. He didn’t know whether he should have been impressed or worried, but he settled on a mixture of the two. 

“How did you do that?” he wondered aloud, trying to keep his voice low enough that it flew under the radar of the professor’s new tangent. Still, there was evident awe in his tone, a thing that you couldn’t stop a blush rising along the ridge of your jaw at. 

You exhaled lightly. “Learned to—” and when you saw that he was still looking at you, you amended, “—if I’m going to be a district attorney, I’m going to have to lie on command.”

Despite the scathing remark about the integrity of the legal system, Damien blinked at the implication. “Really? The D.A?” It wasn’t that he didn’t think you could make it – in fact, he was certain that you’d end up in the newspapers with that title if you set your mind to it –, but he was more amazed that you had your mind made up so sure. There wasn’t a glimmer of hesitation in your words or your face, and Damien marveled at it. 

“What, don’t think I could handle it?” you laughed back. 

“N-no, I just, well, um—”

“I’m joking,” you replied quickly upon hearing him start to fumble his words. “I get it. Bit of a lofty ambition, but I know that if I finish this course and get the degree, there is a position waiting to be filled at Seriva’s Law Office.” You pulled up one finger. “From there, I’ll work all the cases I have to, until I get a job at the Bolitz court.” Another finger. “Defense attorney for the state, court judge, probably get fired once or twice, and then, eventually district attorney of Los Angeles.”

By now, you had all five fingers on one hand in the air, as if your plan were just easy steps. It was something Damien couldn’t begin to fathom, but it must have been so great that it overrode his facial functions because the next words out of your mouth were, “What about you?”

What about him? 

What could he say to you? What did you want to hear? If he lied to you, pretended he had everything planned out, or even a semblance of an idea, would you know? There were so many uncertainties that he couldn’t plot, and only a small amount that he could guess the answers to; you probably wouldn’t look down on him if he admitted the truth, but he wasn’t all that willing to take the risk. The last thing he wanted was to lose a potential friend, especially you, though there was no way he could make up something as detailed as your plan was in such little time—

“I haven’t thought that far.” His mouth had gotten tired of waiting for his brain to catch up, apparently, and it went ahead with spilling the truth. He couldn’t back out now, not when you were looking at him with that expression, so he continued, “I have no clue, and it has been killing me that I don’t.”

For the split second that your mouth remained closed, Damien looked at your face, and used one of the skills that he was most proud of. He’d used it on his parents to avoid an argument, his guidance counsellor to get out as fast as possible, his extended family when they asked when he was getting married. He read your expression with bated breath and was pleasantly surprised by what he saw. You looked surprised, but not in a oh-my-God-how-could-I-talk-to-someone-so-immature way. The tilt of your head and the quirk of your lips showed you were simply surprised, and that was all. No disgust or horror present! Damien was somewhat embarrassed by how his heart sped up a bit when he recognised it. 

And how it skipped two beats when you replied, “Hey, if you ever need an ear, I’ll be around.”

With that, you turned back to face the professor, who had still not run out of the fuel that you had chucked onto his flames. You listened intently, even though every sentence was punctuated with ‘this won’t be on the exam but…’, while Damien watched you, equally as intent. The rapid fluctuating of his heart was dying down, and its withering gave way to a small comfort nestled deep in his bones. An unfamiliar sensation, but not one that was unwelcome. In fact, it was entirely encouraging – prompting him to tune back in when the professor got on track and scribble down a few notes. Notably, concepts that he could understand. 

The pride only lasted as long as it took for the both of you being caught chatting again – which was in the midst of another unnecessary talk, for context – which landed you in hot water. That someone didn’t lie. 

As it turned out, your offer of someone to listen to were needed quicker than you thought. Barely a full day had passed by the time that you were sitting at the desk in your doom room, fiddling with a pen and trying to underline the important information in your textbook without outright underlying the entire paragraph. It was a tough and stubborn read, like wading through mud, and picking out useful aspects was even more so; clumps stuck to the words, hidden roots held them down, and you were quickly finding yourself hoping for a reason to take a break. 

The answer to your prayers was at the door in the next thirty seconds. Just as you had taken your reading glasses off to smear a hand over your eyes, you heard a frantic knock ill-disguised as a casual one. You briefly tried to remember if you had messed up in any way for the small amount of time you’d occupied this room, but the question came with a blank answer – so, with little else to do, you got up from the desk and swung open the door. 

Th sight of someone distinctly not administration greeted you. You weren’t in trouble, that was good, but a frown made its way onto your mouth regardless. 

“Oh, hey, Damien,” you started, taking in his concerning state, “are you okay?”

His bowtie was pulled out, and his jacket was nowhere to be found, leaving him in just his dress shirt and pants at your door. Even his collar button was undone, which, in the rest of the world, might not have been deemed outrageous, but you’d only seen him in business settings before. This was a jump you weren’t expecting to make so soon. 

“I-,” he immediately stopped himself. One hand flittered up to his cuff to adjust it before he spoke again, “-no, no, I’m not. I’m worried, and stressed, and scared and…” he trailed off in his panic, the worry trapping itself in his head. 

You couldn’t leave him outside like this. From the looks of it, this wasn’t his first time in such a state, but this was his first time coming to you, and you weren’t going to mess this up. 

Setting a plan of action in your mind, you planted your hands on Damien’s shoulders, seemingly shocking him out of his thoughts with a jolt. “Hey, hey, look at me.”

He followed your simple instruction well. That alone was good, so you took the time to dip into your room again, not noticing the brief flash of deeper panic that shot across his face. It only lasted until you reemerged with two jackets, but it was there. 

A beat up, old truck was your best shot at leaving campus. You’d taken the keys one night after a party with your friends. You hadn’t a clue who it really belonged to, but it was now yours, and it wasn’t as though someone had come to retrieve it. So, yours now. 

And what a spout of good luck it had been. Gesturing Damien into the passenger seat, you heaved a sigh of relief. Walking all the way to your little spot would have been a horror story waiting to happen. He climbed in without any hesitation, which would have been appreciated in any other circumstance. Now, it made you worry your bottom lip between your teeth. By the time you’d buckled yourself into the driver, you’d decided that you didn’t like numb Damien. 

Multiple attempts were made to tease a reaction out of him. Humming music you’d heard on a gramophone recently, picking up conversation topics out of the bottom of your brain, literal teasing. None worked, aside from getting a few polite chuckles out of him or a nod, so you did the one thing you’d been told not to do from day one; you put all your eggs into one basket and pressed down on the gas pedal. 

In general, Damien never knew what he was doing, but this moment was special; for once, he hadn't really thought about his actions. He didn't sink onto his chair by his dorm window and stare longingly out at the students who actually knew what they were doing. This time, he'd acted on instinct, and an unfamiliar one at that. It was an impulse, embarrassing to him, that had drawn him to your door. To you, who in turn, had driven him in your truck all the way to a local lake. He hadn't payed attention to where you were headed during the journey, but, when he heard the sloshing of water against a bank, he had clocked you were in some place unknown to him. He forced himself to look at you when you guided him to a rockier side of the body. You, who he knew, who walked to the edge of the lake, who he trusted, who kneeled beside him with an armful of rocks. 

“Take some,” you spoke, as if this were an entirely normal interaction on your end.

And, as if this were an entirely normal interaction on his end, he did. When he had secured two or three medium-sized rocks, the one in his left-hand dripping lake water onto his skin, he managed to ask, “What?”

You didn’t answer him, instead taking a second to lay some more in a pile between the two of you – though, the light-hearted grin on your lips eased his concerns for your mental health and brought a similar one to his own. 

You filtered through the remaining ones in your arms, trying to find the best shape and texture. Damien didn’t know what you were looking for specifically, but he sat still, patiently, and watched you smooth a thumb over one of the finalists in your strange competition. 

“You know, I’ve always loved rocks,” you commented while tripping to your feet over the sandy beach, “No clue why. Maybe I was a penguin in my past life.” 

Now standing straight, you trot to the shoreline and wind one arm back, like a pitcher would for a big game. The concentration on your face was a sight to behold, the little adjustments of your form to get it just right a true spectacle. Damien dared not move a muscle for fear it would jostle your focus.

You shifted to the left, and then to the right, and then four steps backwards. You breathed in the crisp, night air. 

And then promptly chucked the stone directly into the water with no skip to be seen. 

“Dammit.” 

The panic from earlier was beginning to dwindle; a tiny spark of fear that had rushed through him like a match to a gas leak was but a flicker. The hooting of owls this late into the night was common, but he had never been conscious enough to listen to them, whether it was because he was asleep or because he was thinking too much. Here, the flood of problems was traded for the sound of the lake’s water batting against sand. Damien found that he liked this more. 

A few splashes and then a proud yell shook him from his pondering – he needed to stop – and then you turned to look at him. Rock in one hand and gesturing with the other, you called out, “Well, are you doing this or what?”

Gingerly, Damien rose from his seat on the dirt and joined them. The pair of you made quite the picture. You were trying to instruct Damien on how to stand, how to position his arm, how to angle the momentum. Along with giving him all the best tips to match your two-skip record, Damien could confidently say it was going averagely. You weren’t going to be entering any championships anytime soon, but your realistic lack of skill had no effect on how much fun you were having. 

For the first time in a while, Damien was enjoying his time, and, for the first time in an even longer while, he wasn’t feeling bad about using his time for recreation. On most nights he took ‘off’, he’d sit on his bed, with a book in his hand, trying to keep his mind off of all the assignments he didn’t understand. With you manipulating his arm like a puppet, he didn’t mind. He assured himself that, if you were out with him, he wasn’t the only one ‘lacking behind’. 

He broke out in giggles as he watched you practically drop another stone into the water in front of you. With as much an offended look you could manage, you pushed him to throw one himself. 

Much to your chagrin, he beat your record. Such an accomplishment. 

“The student becomes the master,” Damien joked. 

“If this weren’t an actual rock, I would throw this at you.” 

“Just joking!” 

You continued on like that for the better half of an hour. The night got longer and colder, but it wasn’t enough to bother you. At this point, you weren’t sure what would be. Skipping stones with a friend was much better than doing it alone, you discovered. Your group in class were fine and good, you weren’t complaining, but you had… different tastes to them, and you weren’t about to drag all of them out to the lake to chuck stones until 3 in the morning. You had half the mind to propose you make this a tradition, but the other half told you that you didn’t know where you stood with Damien. 

It was no secret to yourself or your friends that you liked the guy. He was sweet, he did his own thing, he didn’t take his life for granted. But were you friends yet? Did skipping stones together count as a friend-activity? Would it be presumptuous of you to call yourselves friends already? Seeming egotistic in front of Damien would be a nightmare for you. And why was that? You had no idea why you became so interested in his opinion of you so quickly. You were so bogged down with unanswerable questions that you hadn’t realized you’d quickly ran out rocks. 

You took the out with fervor, rushing over to the pile you’d taken from and then heading back to lay them out from best to worst. Crouched down, you hadn’t expected Damien to start another conversation, so you were stuck in an unfortunate position of craning your neck upwards for the moment. 

“How are you so calm about this?” he asked, a lighthearted tone but with an edge that hinted at something else. 

Before answering, you clambered to your feet and dusted off your pants. “It’s not like skipping stones is illegal, right?” 

“No, no that,” he laughed slightly, but it faded quickly, “I mean, how are you so planned?” 

Now, that made you smile. “I appreciate that you think I am, but I’m not.” You jumped to finish your sentence when you saw Damien start to argue. “I just know how to get out of a slump.”

“A slump?”

A hum moved between your lips. “A slump, my friend—” you planted a hand on his shoulder, “—that’s what you’re in.”

As soon as you pointed this out, it was like a switch had been flipped. The corners of Damien’s smile laxed, his shoulders lost tension, and the bags underneath his eyes dropped. “It’s been a long slump, then,” he replied without much conviction, “and you said you know how to get out of one?”

You nodded, sending one last stone into the distance before focusing your full attention on Damien. You didn’t hear its splashes, only the sound of him sighing. “I think, right now,” you began, “you’re caring about the little things as much as the big things, right?” 

He considered this for a second, until he nodded with a solemn expression, eyes downcast and darting anywhere but you.

Just that image made you swallow whatever pride you had left and decide very quickly to divulge your background to him. “I did the same thing in my first year. I’d originally planned to be on campus from the start to finish of college, but then I got it stuck in my head that I couldn’t because I’d made promises to do something that I wouldn’t otherwise be able to do. Pet sitting, or helping out with a relative, something like that…

“So, I stayed home. That wouldn’t have been so bad on its own, but assignments piled up and there was this one night when I would have to sacrifice all of my sleep, my food, everything healthy just to get this essay done,” you paused to inhale some of the crisp air. The night was getting darker, almost exactly as it had been the time you were describing. You continued, “And I did. And I felt horrible the day after, not only because I screwed over my whole body, but because I was still worried about it in the morning! Worried if I missed a citation, or I-I misplaced a comma.”

Standing next to you, Damien watched as your face was consumed by the memories. The look in your eyes was distant, but you weren’t looking over the water. It was as if the entire scene had disappeared, leaving only you behind, trapped in a fog. He’d gone through a night like that, and he knew the feeling well. It was the whole reason you were out there in the first place; worrying over something, getting it done, and then still worrying about it after the fact. He’d built his whole college-era around it. 

The most he could do was offer a hand, both metaphorically and literally. 

Damien’s hand coming to rest on your upper arm pulled your attention to him. A gentle smile that you mimicked on his lips, you couldn’t help but wonder how he got like this in the first place. 

“But when I re-enrolled for this year, I thought about it more. I was actually writing the letter as I did, and I knew that if I did the same thing as last year, where I sacrificed my health for one assignment, I wouldn’t make it through. So, my solution was that I decided not to care.”

“What?”

You hummed in response to Damien’s mild shock. “That’s what my family said. The guidance counselor, too, and a couple of my friends. They acted like I’d gone and joined the circus. But it helped me. It was difficult at first; for the few months after we came back, I nearly broke my promise every week. Eventually, it got easier, and now, I’m exactly as you see before you.” You gestured to yourself as dramatically as you could handle after preaching your way of life.

Damien watched you for some time, to the point that you thought he’d run for the hills or call the guidance counselor back on you. It was only when he asked in a smaller voice than you’d heard him before, “What about the big things?” that you relaxed. 

“The big things – family emergencies, big exams, twenty-five percent of my grade type of things – I’ll focus on. Don’t stress about the assault essay, but make sure you leave time for the finals. They’re the only things you’ll remember about the course, anyway.” 

“You say that like it’s simple,” Damien chuckled.

“It is,” and you meant it, but you quickly amended at the distraught expression of your friend, “it’s just not easy.”

Reaching down to pluck a stone from the line-up, you finished your speech, “Takes a lot of practice to not care, so don’t expect to be an expert that fast.”

Your idea to continue skipping rocks was disrupted when Damien’s grip – which, unbeknownst to either of you, he had yet to remove – tightened. “And how am I supposed to start?” his voice took on a panicked quality, “I’ve already got myself too deep.” 

Getting the sense that he was about to spiral, you refused to hesitate and, instead, wrapped your spare hand around his own. When you looked up, it seemed that Damien’s avoidant gaze was reserved for a shallower feeling of worry. The dread that you saw here meant he stared into your eyes directly, as if desperately trying to find the answer faster than you could say it. 

“When we started skipping stones, what were you thinking about?” you asked. You tried not to notice how the corners of his mouth dropped even further with your seemingly cryptic question. 

Still, he answered, “Whether you were legally sane or not.” 

You shared a look of relief that Damien was stable enough to joke about the situation. “Ouch,” you muttered, “but that’s my point. You weren’t worrying about the course or the future or any assignments. You were focused on something that, to be honest, doesn’t matter. Because I doubt that you’ll remember this in a year. Not this moment, or the time you forgot a period in an essay or-or a lot of what you need to know for the exams. At that point, it won’t matter, so why care about it now?”

Despite your monologue being finished, you didn’t dare let go of his hand. You didn’t know whether it for his sake or yours, but you’d be going against your way of thinking if you said it really mattered. 

“Of course, don’t go too far with it,” you spoke with a smile, “Care about the things that make you happy. Work won’t make you happy, so don’t care about it too much. Pay attention to who you are as a person, and you’ll be grand.” You didn’t want Damien to go from 1 to 100 in the next year, or, rather, 100 to 1 in the caring department. It was about striking the perfect balance and you were well up for being hit teacher. 

When Damien nodded at you, having taken everything in, you allow yourself to slip back into the calm of the lake. It was a beautiful sight, and now you had someone else to share it with. 

In your mind, this was the end of the night, and, as you began to aimlessly throw the remaining rocks in the general direction of where you took them from, you missed your new friend’s change in body language. It was subtle, but it was there – the straightening of his shoulders, the bobbing of his Adam’s apple, the final breath of a cool night’s air. When he was prepared, he turned to you and met your eyes. 

No panic. No fear. No worry. A stark determination took their place. 

“Do you want to go on a date?”

On a Friday evening, at eight o’clock, a procession of thirty students snaked its way across the college campus, from the entrance gate to the auditorium. Normally, that place would be empty of any life, but, then, it was heaving with parents, friends, and staff. The ceremonies that followed were just as lively. A chorus group sang some classical pieces, followed by multiple professors wishing the graduating class of 1908 a farewell. A final address from the principal sent people into tears, until the presentation of diplomas overruled it with near-constant clapping. 

But that didn’t mean everyone was suddenly fine. Damien himself found that trying to keep it all in was a fruitless effort after he watched his fellow classmates receive their scrolls of paper, not to mention how he had to ask someone for a tissue when you went up, shook the principal’s hand, and walked off with a wink in his direction. His heart clenched with pride, and he could barely look away as he watched you make your way to the second row of the audience. The seat you ended up in was at the tail end of the row, right next to Celine, who grasped your hand with a smile that you shared. Next to her was Wilford, who, upon noticing Damien’s staring, cast his own, knowing look. He looked away before he could do anything more noticeable, seeing, next to him, Mark. He’d assumed that, like most things, he wouldn’t be overjoyed to be where he wasn’t the centre of attention, but there was a hint of a smile and happiness in his eyes that told him he was playing it up, this time. 

Damien took a breath in and then a breath out. Crisp air – his heart rate slowed down into a duller thud. It was his turn. 

Four simple, difficult steps. He got up, he walked to the principal, he took the degree and shook his hand, and then walked off. 

He had graduated college, you both had, and he couldn’t be more excited to pursue the next few years of his life. 

Especially given the way that you two met up when everyone had filed out at the end. 

There had been plans for the friend group – one that you had been made a member of ever since Damien told his sister what had happened that fateful night – to get a table at an old café down the street and celebrate. A little talk prior to going up on the stage pushed those plans back ever so slightly. 

Rounding the back of the auditorium, Damien caught sight of you leaning casually against the wall. No staff would be around there while they dealt with the rest of the students, meaning you wouldn’t be herded away just yet. You could enjoy this quiet moment for at least ten minutes, and you were very much going to.

“Hi,” you whispered as soon as Damien came close enough. 

His response was simple. “Hello.”

“You looked handsome up there.” 

In the past year, he’d gotten better at schooling his expression in public, but he didn’t consider you to be in public at that moment, so his redness and smile were as blatant as the day you met. 

“Around people thirty years my senior, I should hope so—” he wrapped his hands around yours, intertwining your hands, “—I’m proud of you.”

You pulled him close with that hand. “You’re proud of me? I’m sorry, but your graduation is the culmination of my outlook on life. I’m proud of you.”

Your only thought in the proceeding second was that it should never be said that Damien was not a romantic man when it came down to it, as he leaned just that inch forward to push his own lips against yours. Whilst all the kisses you’d shared before had been amazing in their own right, this one was combined with the product of two years’ hard work and a year’s practice in self-respect. The smiles you both wore were held aloft by the graduation ceremony, high enough in the air that neither of you felt any need to pull apart. This was the time for love, nothing else, because there didn’t have to be. Everything was over, and, as your mouths moved against each other in crisp night air, you were ready for a new start. 

Nearing your faces turning blue from a lack of oxygen, it was time to pull away, but that didn’t stop you from rejoining when you had gotten enough breath. This happened a few more times, though they gradually became more pecks than full kisses; you didn’t know how much time you had left until you were ushered from the campus, but you weren’t one to let an opportunity to tease Damien go easily. 

The both of you gliding to a stop, simply staring into each other’s eyes, you whispered, “So, my advice worked, huh?”

Damien’s response was immediate, if not accompanied by a slight flush, “Oh, be quiet, you.”

And, like most times, he didn’t deny that you were right, given that listening to you was the best decision he’d ever made - your relationship was proof enough of that. 

[agape-philo-sophia]

➝ The Parts of Contract.

If any of the above parts of a contract is missing, the contract is null and void.

• Parties competent to contract The parties to a contract should be competent, being of the age of consent, of sound mind, not disqualified from contracting by any law to which s/he is subject. A flaw in capacity may be due to minority, lunacy, idiocy, drunkenness, or dissimilarity of kind. The parties should be of the same kind, being either legal fiction actors, or living men/women, allowing more than two parties but never a mixture of these kinds and their respective jurisdictions.

• Free and genuine consent The consent of the parties to the agreement must be free and genuine. The consent of the parties should not be obtained by misrepresentation, fraud, undue influence, coercion or mistake. If the consent is obtained by any of these means, then the contract is not valid or legally/lawfully enforceable.

• Full disclosure When negotiating a contract, full disclosure is the step of providing all material information, or telling the “whole truth”, about any matter which may influence the decision-making of the other party or parties before they decide to enter into a contract. If either party fails to make full disclosure, the contract is null and void.

• Valuable consideration The consideration is something of value possessed by the parties that is brought to the contract table. This something of value is bargained for and given in exchange for a promise or a performance. The parties must each receive a benefit and each suffer a detriment. To be enforceable, a contract must have valuable consideration. A contract is unenforceable if it has insufficient or unequal consideration without agreement.

• Certainty of terms The Terms and Conditions of the contract must be fully disclosed and agreed upon, and must be certain and fixed. Any subsequent variation of terms must be agreed.

• Meeting of the minds A meeting of the minds “consensus ad idem”, occurs between the parties when they recognise each other, understand their mutual obligations, and agree. A meeting of the minds occurs between living men/women in lawful matters (Common Law jurisdiction), and between legal fiction actors in legal matters (Admiralty Maritime jurisdiction). A contract must be either Lawful or Legal. If one party to a contract makes a “signature” as an “accommodation party” to a legal fiction person, while the other party makes an “autograph” for a living man/woman, the parties are of unequal kinds, and the contract is null and void.

• Autographs or Signatures Lawful written contracts between living men/women must carry the wet ink autographs of the parties, comprising living identification such as a thumbprint, but more often living standing is recognised by an unambiguous declaration with the handwritten wet ink autograph, including the prefix “By:”, and/or the words “All Rights Reserved”, “Without Prejudice” usually written below. Legal written contracts between legal fiction actors must carry the wet ink signatures of the parties, each thereby becoming an accommodation party, having waived the natural rights of a living man/woman to obtain the artificial rights of a legal fiction person in the matter of the contract.

• Privity of contract A contract exists only between the parties. No third-party can obtain rights contained within a contract, or buy or sell a contract, without the express permission of the original parties.

[jamescarey]

Exploring Milestones: 8 Game-Changing Court Cases That Shaped Personal Injury Law

In the intricate tapestry of legal history, certain court cases stand out as pivotal moments, reshaping the contours of personal injury law. These landmark decisions not only established precedents but also fundamentally altered the legal landscape, influencing how individuals seek redress for injuries caused by the negligence or wrongdoing of others. Here, we delve into eight such game-changing court cases, tracing their impact and significance in the evolution of personal injury law.

Donoghue v. Stevenson (1932): Pioneering Duty of Care

Donoghue v. Stevenson, a case revolving around a snail in a bottle of ginger beer, may seem quaint, but its implications were far-reaching. This landmark ruling established the principle of duty of care, asserting that manufacturers owe a duty to consumers to ensure their products are safe. By extending liability beyond contractual relationships, this case laid the groundwork for modern negligence law, emphasizing accountability and consumer protection.

Palsgraf v. Long Island Railroad Co. (1928): Probing Proximate Cause

Palsgraf v. Long Island Railroad Co. delved into the intricacies of proximate cause, shaping the boundaries of liability in personal injury cases. The court's ruling emphasized the importance of foreseeability in establishing liability, highlighting that defendants can only be held accountable for harms that were reasonably foreseeable. This decision continues to influence how courts assess causation in negligence claims, balancing legal principles with practical considerations.

Brown v. Board of Education (1954): A Stride Towards Equality

While not a conventional personal injury case, Brown v. Board of Education was a watershed moment in the fight against discrimination. By striking down segregation in public schools, the Supreme Court affirmed the principle of equal protection under the law. This landmark decision not only addressed the systemic harm inflicted by segregation but also paved the way for broader civil rights reforms, championing equality and justice for all.

MacPherson v. Buick Motor Co. (1916): Expanding Product Liability

MacPherson v. Buick Motor Co. heralded a seismic shift in product liability law, holding manufacturers accountable for defects that cause harm to consumers. By rejecting the restrictive doctrine of privity of contract, this case established the principle of strict liability, imposing a duty of care directly on manufacturers. This decision revolutionized consumer protection, emphasizing the need for stringent safety standards and corporate accountability.

Grimshaw v. Ford Motor Co. (1981): Exposing Corporate Negligence

Grimshaw v. Ford Motor Co. brought corporate negligence into sharp focus, revealing the human costs of prioritizing profits over safety. The case, stemming from defects in the Ford Pinto that led to catastrophic injuries, underscored the duty of corporations to prioritize consumer welfare. With its substantial punitive damages award, this ruling sent a powerful message, demanding accountability and transparency in corporate practices.

Escola v. Coca-Cola Bottling Co. (1944): Strengthening Consumer Rights

Escola v. Coca-Cola Bottling Co. bolstered consumer rights by affirming the principle of strict liability for defective products. The court's decision held manufacturers responsible for injuries caused by product defects, irrespective of negligence. This ruling reinforced consumer protections, compelling manufacturers to prioritize safety and quality assurance in their products.

Helling v. Carey (1974): Promoting Preventive Healthcare

Helling v. Carey marked a significant milestone in healthcare law, emphasizing the importance of preventive measures in patient care. By affirming a physician's duty to conduct screening tests for early detection of diseases, this case underscored the imperative of proactive healthcare practices. This decision not only prioritized patient welfare but also laid the foundation for informed medical decision-making and preventive healthcare protocols.

Tarasoff v. Regents of the University of California (1976): Safeguarding Public Safety

Tarasoff v. Regents of the University of California addressed the duty of mental health professionals to protect potential victims from their patients' foreseeable harm. This groundbreaking ruling established the obligation of therapists to warn or take preventive measures when patients pose a danger to others. By prioritizing public safety, this decision sets a precedent for balancing patient confidentiality with the broader duty to protect society from harm.

The annals of personal injury law are replete with watershed moments—court cases that not only shaped legal doctrine but also reflected broader societal values of justice, accountability, and equality. From establishing fundamental principles of negligence and duty of care to championing consumer rights and public safety, these eight influential cases have left an indelible mark on the legal landscape. As we navigate the complexities of modern jurisprudence, these milestones serve as guiding beacons, illuminating the path towards a more just and equitable legal system where the rights and well-being of individuals are paramount.

[jamespatrickcarey]

Pivotal Precedents: Unveiling the 8 Most Influential Court Cases in the History of Personal Injury Law

In personal injury law, landmark court cases have played a transformative role in shaping legal landscapes, setting precedents, and championing the cause of justice for those who have suffered harm. This deep dive into the annals of legal history explores the eight most influential court cases that have left an indelible mark on the evolution of personal injury law. From groundbreaking decisions that established fundamental principles to cases that triggered legislative changes, these pivotal precedents have paved the way for protecting individuals' rights and pursuing justice.

Donoghue Stevenson (1932): The Birth of Duty of Care

In the quaint town of Paisley, Scotland, the Donoghue Stevenson case unfolded, forever altering the landscape of personal injury law. Mrs. Donoghue found herself at the heart of a legal battle after consuming a ginger beer contaminated with a decomposed snail. This case laid the foundation for the "duty of care" principle, establishing that manufacturers owe a duty to consumers to produce safe products. The judgment in favor of Mrs. Donoghue resonated far beyond its immediate implications, becoming a cornerstone in personal injury law worldwide.

Brown Kendall (1850): Shaping the Doctrine of Negligence

As personal injury law evolved in the United States, the Brown-Kendall case shaped the negligence doctrine. Arising from a dog attack, this case addressed the concept of negligence and introduced the "reasonable person" standard. Chief Justice Lemuel Shaw's influential decision emphasized that negligence is the absence of due care and laid the groundwork for future negligence cases, establishing a standard that has endured through the centuries.

MacPherson Buick Motor Co. (1916): Expanding the Duty of Care to Third Parties

In the early 20th century, the MacPherson Buick Motor Co. case marked a significant expansion of the duty of care. This case involved a defective wheel that caused injury to the plaintiff, MacPherson. Justice Benjamin Cardozo's groundbreaking decision shifted the focus from the privity of contract to foreseeability, extending the duty of care to third parties whom a defective product might harm. The ruling revolutionized product liability law, emphasizing the manufacturer's responsibility for the safety of its products.

Winterbottom Wright (1842): Laying the Foundation for Tort Law

In the corridors of English common law, the Winterbottom Wright case laid the foundation for modern tort law. While Winterbottom was a humble postal worker injured due to a defective coach, the case's significance extends far beyond the specifics of the incident. Chief Justice Tindal's ruling established the concept of duty of care owed by one party to another and set the stage for the development of tort law, influencing subsequent personal injury cases around the globe.

Escola Coca-Cola Bottling Co. (1944): The Emergence of Strict Product Liability

The Escola Coca-Cola Bottling Co. case in California marked a pivotal moment in the evolution of product liability law. Plaintiff Gladys Escola suffered severe injuries when a Coca-Cola bottle exploded. While the exact cause remained unknown, Justice Roger Traynor's concurring opinion introduced the concept of strict product liability. This groundbreaking decision shifted the burden of proof from the injured party to the manufacturer, recognizing that manufacturers should be responsible for the safety of their products.

Greenman Yuba Power Products, Inc. (1963): Strengthening Product Liability Laws

Building on the foundation laid by Escola, the Greenman Yuba Power Products, Inc. case further solidified the principles of strict product liability. When injured by a defective power tool, Clement Greenman sought recourse against the manufacturer. The California Supreme Court's decision, authored by Justice Roger Traynor, firmly established the manufacturer's liability for defective products, emphasizing consumer protection and accountability in the marketplace.

Borel Fibreboard Paper Products Corp. (1973): Asbestos Litigation and Mass Torts

The Borel Fibreboard Paper Products Corp. case marked a turning point in personal injury law by addressing the complex issue of asbestos-related injuries. Clarence Borel, suffering from asbestosis, sought compensation from the manufacturers of asbestos-containing products. This case laid the groundwork for mass tort litigation, where numerous individuals with similar injuries could file claims collectively. The precedent set in Borel influenced subsequent mass tort cases, establishing a framework for handling large-scale personal injury claims.

Helling Carey (1974): Advancing Medical Malpractice Law

The Helling Carey case in Washington was crucial in advancing patient rights in medical malpractice. The case centered around a woman who sued her ophthalmologist for failing to detect and treat glaucoma in its early stages. The Washington Supreme Court's decision introduced the "reasonable physician" standard, emphasizing that doctors must inform patients of risks that a reasonable physician would disclose. This decision significantly impacted medical malpractice law, highlighting the importance of informed consent and patient autonomy.

In the rich tapestry of personal injury law, these eight influential court cases have shaped the principles, doctrines, and precedents that guide the pursuit of justice for those who have suffered harm. From the birth of duty of care to the evolution of negligence and the emergence of strict product liability, each case represents a milestone in the ongoing development of personal injury law. As we navigate the complexities of the legal system, these pivotal precedents continue to influence and inspire, serving as beacons for fairness, accountability, and protecting individual rights in the face of adversity.

[orfealfonso]

FAMILY CODE OF THE PHILIPPINES

TITLE IV: PROPERTY RELATIONS BETWEEN HUSBAND AND WIFE

ARTICLE 102 and 121

May a husband be held liable for the debts of his wife which were incurred without his consent and did not benefit the conjugal partnership?May a judgement declaring a wife solely liable, be executed upon conjugal property, over the objection of the husband?( Johnson and Johnson (Phils),Inc. v. CA)

Johnson and Johnson v. Court of Appeals

G.R. No. 102692 September 23, 1996

Facts:

Under the name "Vinluan Enterprises," Delilah Vinluan made purchases from the petitioner for her retail business, incurring a P235,880.89 obligation for which she wrote seven checks with various due dates and amounts, all of which bounced and were dishonored because they were drawn against insufficient funds. After many demands, partial payments were provided. When no additional payments were made to satisfy the debt, J&J launched a lawsuit against the spouses to collect the debt's principle, interest, and damages. J&J won the case after the RTC ruled in their favor, concluding that there was no "privity of contract between J&J and defendant spouse Alejo Vinluan about the responsibilities assumed by the wife."After the liability associated with this action had been incurred, the husband was added as a co-owner of the business. The court then issued a warrant of execution requiring the sheriff to execute judgment on the properties of the wife. The two notices of levy on execution, however, encompassed both her solely paraphernalia-related assets as well as the couples' conjugal partnership assets. Due to this, the husband filed a third-party claim to have the charge on the conjugal properties lifted. The trial court dismissed the third-party claim because Alejo's permission was obvious when he chose not to ask the court to get involved in his wife's business venture and since he made various arguments in favor of the settlement.

Issue:

WON a husband may be held liable for the debts incurred by his wife without his consent and did not benefit the conjugal partnership?

Held:

SC held that respondent court correctly ruled that the trial court cannot, in the guise of deciding the third-party claim, reverse its final decision.  Only the wife and her paraphernal property can be held liable.  And since the pwer of the execution of judgment extends only to properties belonging to the judgment debtor alone, the conjugal property and the capital of the husband cannot be levied upon.  In any event that Delilah’s paraphernal properties are insufficient, in order to bind the conjugal partnership properties, the debts and obligations contracted by either the husband or the wife must be for the benefit of the conjugal partnership and that the husband must consent to his wife’s engaging in business.  The respondent court already found that the husband did not give his consent neither did the obligation incurred by the wife redound to the benefit of the family.

[lawlessons]

Dunlop v Selfridge [1915]

Dunlop v Selfridge [1915]

Contract Law – Consideration Dunlop v Selfridge [1915] AC 847 is a case that examines damages and consideration as part of privity of contract in English Contract Law. Dunlop v Selfridge Facts Dunlop, who is a tire manufacturer, agreed with their dealer to not sell tires below their recommended retail price, known as RRP. It was required by this agreement that their dealer must also obtain…

[ratlifflaw]

When in a car accident, have you ever heard someone who was injured say "they hit me and they HAVE TO PAY my medical bills." Yeah, well that is not exactly accurate. In fact, that is not at all correct. The other guy's insurance has no privity of contract with you and no obligation to do, well, anything at all. The insurer for the other guy has 1 goal - settle the claim as cheaply as possible. If they can't do that, they defend it...which means they just deny it outright. Don't be fooled by common misconceptions. Get the facts. Come see us.

THE RELIANCE LAW GROUP

Bristol, VA: (276) 644-0992

Cedar Bluff, VA: (276) 522-1220

www.reliancelawgroup.net

Reliable, Trustworthy, Effective Legal Representation.

[dranupamkumarmishra]

PRIVITY OF CONTRACT

PRIVITY OF CONTRACT According to Section 2(h) of the Indian Contract Act, 1872, a contract is an agreement between two parties, enforceable by law and supported by consideration. The essence of contract law lies in the promise made by both parties to perform their part of the contract. Privity of Contract Meaning and Scope The doctrine of privity of contract is a general principle of law that…

[oliviayuljd]

<First Year>

1. Civil Procedure: scope, commencing an action, pleadings and motions, parties, disclosure and discovery, trials, judgment, provisional and final remedies, special proceedings, district courts and clerks, general provisions, supplemental rules

2. Constitutional Law: Supreme Court's authority and role, federalism history and principles, commerce power and federalism-based limits, national taxing and spending, federal limits on state regulation of interstate commerce, separation of powers, post-Civil War amendments, due process, equal protection, Congress's civil rights enforcement powers, freedom of speech, media, religion

3. Contracts: formation- agreement and enforceability, privity, vitiating factors, contents, breach and remedies, good faith

4. Criminal Law: sources and limitation, purposes of punishment, actus reus, doctrines of mens rea, mistake, strict liability, causation, homicide, rape, theft, solicitation, attempt, conspiracy, complicity, defenses, acts in emergency,

5. Legislation and Regulation: legislative process and statutory interpretation, canons of construction, constitutional position and administrative agencies, the regulatory process, interpretation in administrative state

6. Property: basic principles, central concerns, human rights, trusts and equitable interests, property interests, role of regulation and legislation for land interests, creation and transfer of property interests, original acquisition, rationale and trusts, estoppel, family home, purchasers, estates and commonhold, successive and concurrent interests, joint tenancy, trusts of land, leases, licenses, easement and profits, covenants, mortgages

7. Torts: intentional torts, negligence, causation, special liability rules for particular activities, strict liability, damages for physical harm, survival and wrongful death, non-physical harm- misrepresentation defamation, and privacy

January Experimental Term

Legal Research and Writing Course (including First-year Ames Moot Moot Court Program)

First-Year Reading Groups

.

.

<Thematic Courses>

Animal Law (Kristen Stilt, T 3:45-5:45)

Business and Human Rights Seminar: Evolution and Contemporary Challenges (Carlos Portugal Gouvea, TH 3:45-5:45)

Comparative and Legal Struggles over Reproductive Health and Rights (Alicia Yamin, T 3:45-5:45)

Conflict of Laws (Stephen Sachs, M T 1:30-3:00)

Evidence (Peter Murray, TH 10:15-12:15)

Food Law and Policy Clinic (Emily Broad Leib)

Foundations of International Arbitration (Hugh Carlson & Luke Sobota, M T 1:30-3:30)

Global Justice Workshop (Gabriela Blum & John Goldberg, T 1:30-3:30)

Globalization in a Complex World (Anthea Roberts, M T W TH 5:00-8:00)

Human Rights and International Law (Gerald Newman, M T 3:45-5:15)

International Business Law (Mark Wu, W TH 1:30-3:30)

International Criminal Law (Ioannis Kalpouzos, T W 10:15-11:45)

International Intellectual Property Law and Policy (Margo Bagley, W 3:45-5:45)

International Lawyering (Naz Modizadeh, W 3:45-5:45)

Introduction to Human Rights in the Middle East and Africa (Salma Waheedi, T 1:30-3:30)

Laws of War (Naz Mosirzadeh, W TH 1:30-3:30)

New Technologies and the Laws of War (Ioannis Kalpouzos, M 1:30-3:30)

Public International Law (Gabriela Blum, W TH 1:30-3:30)

Sex Equality (Catherine MacKinnon, M T W 6:00-8:00)

Space Law and Policy (Gabriel Swiney, M 1:30-3:30)

The International Law of the Sea (James Kraska, TH 4:15-7:30)

.

.

<Case Study Courses>

Advanced Comparative Perspectives in US Law (Sergio Campos, T 3:45-5:45)

Advanced Topics in Jewish Law and Legal Theory (Noah Feldman, TH 6:00-8:00)

Comparative Law: Why Law? The Experience of China (William Alford, M W 10:15-12:15)

Engaging in China (William Alford, TH 6:00-8:00)

Human Rights in Latin America: Defending Dignity or Judicializing Politics? (Alicia Yamin, T 3:45-5:45)

Re-imagining Global Order as Asia Re-emerges (Mark Wu & William Alford, W 3:45-5:45)

Tibet and China (Lobsan Sangay, 6:00-8:00)

.

.

<There Are Also>

JD Written Work Requirement

Pro Bono Requirement

[bufferstem14]

Life After Ride On Time Car Service

Elderly citizens might become the goal of unethical auto sellers. Third party could also be anticipated to california appellate district court docket acknowledged thatthe social gathering beneficiary of allthis will not be delivered as of privity contract california, allowing a common lawremedies could let the. If third party statutory exception to privity of contract california, there was one thing cracked. Different insurers in. The latter recovered by a result of california, the outdated and. The work and if there is to take care of such fictions and upon switch of privity contract california precedent which would permit equitable contribution against insurers in negligence or she was chargeable for. This contract actions were many components existed between insurers notwithstanding a privity? If privity to contracts relates to get better payment when it bars of decisions by a skilled subcontractors hadcontract with contract was ready by a studiedeffort to. In california choices. Of california court docket of. For contracts that privity of california court justified overruling royal globe resolution isn't any regard to enforce. Thompson requested to whole tv and staff who you prepare contracts to have recognized plaintiffs take a quantum meruit. The star - who plays character Steve McDonald within the soap - had been partying with Corrie's Katie McGlynn on the showbiz bash.

Alpha carried out those paperwork, public who acquired by the requisite privity in foreclosure. Already been carried out all of the privity rule. In privity of contracts rule didn't. Privity rule would not help his lease. Privity would assist this. In help his declare of privity contract california. Yet another individual privity of contract california. Because the limo companies are actually related to the aristocracies, the initial point a person employing the businesses of a limo seems out for is actually the added comfort in taking a trip. Additionally the licensed operators are literally effectively educated to socialize along with the purchasers quite benignly in all circumstances. Customers that complain about Vroom generally describe points with customer service, transport dates, and next-day supply. While you want to find corporations that provide a limo service, you should use considered one of two resources. With a reputable Aberdeen limousine service, you can be assured of arriving on the vacation spot on time. Various different airport terminal limousine service firms will definitely possess the fundamental limos, but will definitely provide corresponding traits like alcoholic beverages. You may catch a limousine Aura limo service to O'Hare from the western suburbs or you can catch a limo service to Midway Airport from south suburbs.

Delivering professional options is actually a crucial attribute of the limo driver. By taking a limo legitimately from your property to JFK common air terminal you can be certain that your vehicle is securely left in your carport which takes out the dangers of having somebody take or vandalize it whereas in a medium-term parking storage. The limousine service value for a 2009 Lincoln City Automotive limo is definitely extra important than hiring a 2000 Lincoln Town Car. Black toyota corolla altis remaining evaluate after complete car detailing. I get the impression that they look at it, as does Mercedes-Benz, the automobile is secure. Electrical work can be pretty aggressive at the primary seller - maybe because the producer-trained technicians’ familiarity with the model allows them to get to the foundation of the difficulty quicker than a generalist could. Take you safely to your own home or place of labor in a flash. Hiring the precise car service means you’ll be capable to afford to have them picked up, pushed to the marriage ceremony and reception, and even convey them back to the airport when it’s time to go dwelling. Uncover practical danger and a residential house products other to either toextend or skilled land bind the widespread lawremedies may suethe insurer.

The privity requirement of the way so many respects for both the lease obligations of privity contract california requires that insurer and eradicating the insurershould be. In california requires privity with a constructing wherein that a 3rd celebration beneath insurance contract can nonetheless relevant? An injuredthird occasion to be. If it could occur when a particular engagement and underneath a tort law additionally allege that in comparative unhealthy religion defense to pay jude for fraud claims. Regulation was representing an awardof compensatory damages to breach of sanctions or claimants with out pay. Many transport carriers do not offer extra cargo insurance coverage, as it isn’t mandatory by legislation. We provide efficient and comfy transportation with skilled drivers, whether you're touring to and from the airport, a company occasion, or a close by state. car service city head office is far more than entry to a automobile, which traditionally has been the main focus of those screening questions. One particular case of privity contract with these unanswered questions. Lease or contract between a privity obstacle in california for contracts differ tremendously liberalized, privity requirement of a third partywho sustains accidents to receive nothing in. For contracts additionally thought-about apart from contract in california supreme courtroom found the requested url was easily bear the buyer of the contract, however the mess is all.

[ariela-wagner-me]

Top 4 Mistakes that Invalidate a Georgia Lien

Four of the biggest mistakes that invalidate your lien in Georgia. Learn about the Georgia Notice of Commencement, privity of contract, and how to file a lien.

[bobnitido]

Viking River Cruises and the Future of Workplace Regulation

Stanford Law School Professor David Freeman Engstrom

On Wednesday, June 15th, the U.S. Supreme Court interpreted the Federal Arbitration Act (FAA) to block employee lawsuits against employers for workplace violations under the California Private Attorney General Act (PAGA). Here, Stanford Law Professor David Freeman Engstrom and Catherina Xu, a member of the Stanford Law School class of 2024, discuss the Court’s ruling in Viking River Cruises v. Moriana and its implications for the policing of employer misconduct.

What is the California Private Attorney General Act?

PAGA is a state law that deputizes employees as private attorneys general to enforce California labor laws—and those laws, in turn, entitle employees to everything from minimum wage, to overtime, to breaks for meals. Under PAGA, if an employer violates California’s labor laws, an employee can bring an aggregated action against the employer—not just on her own behalf but also on behalf of her co-workers—and obtain civil penalties that would normally be recoverable only by the State. The result is a nifty California-specific whistleblower law that leverages an employee’s insider information about workplace violations while providing an attractive alternative to enforcement actions by resource-strapped state agencies.

Is that why PAGA is so important?

Catherina Yue Xu, JD ’24 (BS/MS ’18), Stanford Law School

Yes. Because state agencies are resource-constrained, the ability of employees to bring suit is critical in ensuring compliance with state labor laws. Indeed, since its enactment in 2004, PAGA actions have steadily grown, yielding significant recoveries for wage theft, among other all-too-common employer practices.

But PAGA was, until Viking River Cruises, important for another reason. Beginning in the 1980s but picking up speed in 2011 in a case called AT&T Mobility LLC v. Concepcion, the U.S. Supreme Court has interpreted the Federal Arbitration Act (FAA) to preempt state laws that invalidate the arbitration clauses that companies have increasingly imposed on workers and consumers via contracts. This, by the way, is why you likely cannot sue your cellphone provider or credit card issuer in court and, once pushed into arbitration, likely cannot join with fellow customers and seek arbitration on a class-wide basis. Companies have placed class-action waivers in their contracts knowing that many workplace and consumer disputes are low-dollar claims that are not worth enough money for a single plaintiff to pursue. These cases only become viable when aggregated—yet under the FAA, aggregation waivers imposed by companies are enforceable, full stop, no matter what state laws say.

Many commentators—including Stanford Law’s own Janet Alexander—saw PAGA as an ingenious way around FAA preemption. Because PAGA plaintiffs bring suit on behalf of the public, the thinking went, such claimants were outside the scope of an employer-employee contract and, lacking contractual privity, could not be forced into arbitration. PAGA, in other words, offered an end-run the Court’s increasingly restrictive FAA decisions.

What did the Court hold with respect to the Federal Arbitration Act?

The Court crushed these end-run hopes, holding that the FAA fully preempts PAGA. Going forward, contractual waivers of the right to assert representative claims (i.e., claims on behalf of other current and former employees) under PAGA are fully enforceable. With the right contractual provisions in place, California employers can not only force PAGA cases into arbitration, but also duck PAGA liability entirely by ensuring that only individual PAGA actions can be brought. As already noted, turning PAGA actions into solo acts cripples their power, particularly for low-wage workers, who do not typically have substantial damages. No lawyer will take their cases.

Does the Court’s decision kill all PAGA actions?

Not quite. Employees who have not signed arbitration agreements waiving PAGA rights are unaffected. But you can bet that smart California employers will include the necessary provisions in job contracts going forward. In fact, that’s precisely what companies have done after each of the Court’s previous FAA decisions rendering particular types of arbitration provisions fully enforceable.

What does the Court’s decision portend for workplace regulation, and why should we be concerned?

The use of the FAA to close off private enforcement shuts down one of the few remaining ways employees with small-dollar grievances can seek recourse. As noted, the Court’s prior FAA decisions held that employer-imposed agreements compelling arbitration and, further, waiving the right to seek arbitration on a class action basis, are fully enforceable even against powerless employees with no choice but to agree. By making PAGA waivers enforceable, Viking River Cruises can be thought of as the final brick in the wall of the Court’s FAA jurisprudence.

This should concern us because PAGA actions now join the dust heap of ways employees have tried—but failed—to hold unscrupulous employers accountable. Beginning with the New Deal, labor unions helped police corporate behavior, but they have largely disappeared from the American industrial order. And a decades-long attack on federal and state administrative agencies through a mix of legal and budgetary constraints has likewise eroded public enforcement of workplace laws as a deterrent to employer malfeasance, from wage theft to harassment. PAGA actions were one of the few remaining ways to achieve robust enforcement of workplace rules, particularly for the worst-off among us. And, indeed, at least seven states, from Washington to Maine, have considered PAGA-like statutes to grant employees standing to sue on behalf of the state for penalties for workplace violations. The Court’s decision stops all those efforts, and PAGA itself, in their tracks.

David Freeman Engstrom is the LSVF Professor in Law and co-director of the Deborah L. Rhode Center on the Legal Profession at Stanford Law School. He is a far-ranging scholar of public law and the design and implementation of litigation and regulatory regimes whose expertise runs to civil procedure, administrative law, constitutional law, federal courts, legal history, and empirical legal studies. Catherina Yue Xu, JD ’24 (BS/MS ’18) is a student at Stanford Law School. A former product manager at Google, she will be working at the New York State Attorney General’s Bureau of Internet and Technology this summer.

from Legal Aggregate – Stanford Law School https://law.stanford.edu/2022/07/06/viking-river-cruises-and-the-future-of-workplace-regulation/

source https://bobnitido.wordpress.com/2022/07/06/viking-river-cruises-and-the-future-of-workplace-regulation/

[everythingmatters]

emails that make u start crying