Try to avoid being sued for silly stuff
You know, people sometimes don’t appreciate how litigious our society really is. When things get a little ‘crunk’, people will find ways to sue. I know it sounds weird to come at you like that but the simple fact is (and I say it all the time), people can sue you for anything. The key is, can they win!
However, in my dealings with other attorneys and my experiences, there are a few things that people will find themselves in the middle of being sued and scratching their heads as to “how in the hell did that happen?”
Here are a few common sense that you should probably think about so that you don’t find yourself in a weird place of being sued:
1) Watch your pets! Some people think it’s cute to own animals. Don’t sleep. I have two big pack hounds that I love to death. However, it wasn’t until I was involved in a case where a homeowner was being sued because his dog attacked someone that I realized how important it is to keep your pets away from the general public. Be careful. If your pets cause harm to someone, you may be on the hook for the damages.
2) Remember, someone else’s kids are NOT yours! Most people know that a child can’t sue you but their parents can. Depending on the situation, adults have a somewhat higher duty of care when kids involved. Also, be careful about “attractive nuisances” (I can’t believe that I remember that from my first semester of law school). Kids have vivid imagination so if you have an old car on blocks in your yard and kids have the ability to play hide and go seek and get under the car and the car falls……..Do I need go any further?? Protect your yard and watch your property in the event that kids find their way into your property.
3) If kids do it, you may be on the hook. The same rule applies in some states. You can’t sue the kid for doing something but you may be able to sue the parents. So, if your child likes to break things or is a bully, recognize, you may be on the hook.
4) If you sign it, you may on the hook. I can’t believe the number of people who don’t appreciate the fact that they are entering into a contract when they sign things. For some odd reason, if it’s something minor, they think that they can just walk away. however, that contract is the bread and butter for a lawsuit so you can’t be surprised if a person or company puts the DOGS on you if you decide to not honor the contract.
It’s important that you take the time to be aware that people have a tendency to be ’sue happy’. Don’t put yourself unnecessarily in harms way.
You are the ENFORCER in a breach of contract
You are probably familiar with the situation, you enter into a contract with someone (whether it be oral or written) and the other side decides to NOT honor their part of the contract. So what do you do?
Well, in most cases, there is probably NOT going to be a “CONTRACTS POLICE”! The HOT BOYS are not going to pull up into the other person’s yard with a film crew and the music “Bad Boys! Bad Boys! What you goin do?” being played in the background.
If you find in a position where someone has not honored or has refused to comply with the terms of a contract, the only person who can rectify this situation is YOU!
Now, you have a few things that you can do to handle the situation but you better be prepared to take advantage of these options if you are hoping to enforcement of the contract:
1) Demand letter. These letters are fairly simple. They usually say “Comply with the contract or we’re going to court!”. In most instances, this letter can take care of all of your issues. You don’t have to get into any kind of fist fight. You have made your position known and now, it’s on them.
2) Use the remedies in the contract. In some of your more sophisticated contracts, the parties will outline specific remedies that are available if you breach the contract. Go to the contract and start utilizing these remedies. Be careful because in some instances, you may be restricted to ONLY using these remedies (i.e. mediation, arbitration, etc.) unless you can find a way out of them.
3) Sue. If you’re looking to enforce the contract, you are usually asking for what it is called “Injunctive relief” (which means you want the court to MAKE them do what they are supposed to do). If you’re looking for money to compensate for your loss as a result of the breach, you are looking for “Legal relief”.
Now, don’t sit over there and think that you sending a letter or going to court means you have a guaranteed win. The simple fact is that the other side can throw out a few things to defend themselves:
1) Statute of Frauds: In most states, there are laws that mandate that certain contracts MUST be in writing (like contracts for the sale of land). So if you have an oral contract for the sale of land, you may not have an enforceable contract.
2) Void / Voidable contracts: Some contracts are ‘on their face’ void (which means they are automatically unenforceable). For instance, most states may not permit a contract to be signed with someone under the age of 18. So if you contracted with a 13 year old, you may be out of gas. Some contracts are voidable which means that they not be enforceable BUT there is a possible that they may be.
3) Unconscionable: These contacts are one that are ’so off the chain’ that it would not be reasonable for an average person to comply.
4) Fraud. If the contract was made with terms that were illegal or fraudulent, the other side may argue that the contract is not enforceable.
In any event, if you find yourself in the position where you need to get the other party to comply with the contract or you’re seeking money damages, the responsibility is on YOU to make it happen!
