Where Can I Find Sample Contract Forms?

Using sample contracts can help
individuals create contracts that will adhere to the basic tenets of contract
law while still being able to adapt to the particular needs of the contractual
situation in which they find themselves.

Contract forms may be created that
will provide blank spots in the sample contract into which a party will be able
to fill in their name or any other relevant information needed to transform the
sample contract form into a legally recognized valid contract.

Contract forms can exist for
the sale of goods, to form employment contracts, to create a relationship
between a landlord and tenant, to form a legally valid will or trust, to form
consent or release documents, and to create contracts for marriage or
cohabitation.

Other examples of sample
contracts include: event contracts; household services contracts; durable power
of attorney contracts; medical directives; other health and medical contract
forms; a variety of job contract forms, such as independent contractor agreements,
consultation contracts, project management contracts, or contracts for bidding
on a job; professional services contracts, such as a sample contract for child
care, for models, contract forms for a lien, a housing board contract, a contract
for maintenance, or model, painting, or photography sample contracts; contract
forms for real estate sales, rental contracts, general sales contracts, or
miscellaneous other forms of contracts.

All You Need to Know About Sustainable Construction

What is Sustainable Construction?

Sustainable construction refers to the process of constructing a structure that is environmentally sound and resource-efficient throughout the building’s life. Sustainable construction incorporates a recyclable aspect throughout the entirety of the building’s lifecycle, meaning the project will be deemed efficient (in terms of resources used and the impact it poses on the environment) from design to construction and subsequent operation, maintenance, renovation and finally its demolition.

The introduction of innovations and new technologies have enables the construction of new buildings to meet environmental and resource standards. These new technologies, which are consistently being developed, complement current construction efforts to create greener structures. The common objective of sustainable construction is to reduce the overall impact and coordinating negative externalities that a construction project poses on human health and the natural environment.

How does Sustainable Construction work?

To accomplish the aforementioned goals, a sustainable construction project will efficiently use its available resources and combine this practice with recyclable or innovative technologies. A sustainable construction project will efficiently use energy, water and other natural resources to build the structure. In addition, a sustainable construction project will protect occupant health and improve employee productivity through the issuance of a highly-regulated and organized protocol. Lastly, a sustainable construction project will reduce by products, through the reduction of waste, pollution and environmental degradation.

Sustainable Construction and Energy Efficiency:

A green building will typically utilize energy in a highly efficient manner. To increase the efficiency of energy, the construction team may use high-efficiency windows and innovative insulation systems in the structure’s walls, floors and ceilings.

A sustainable construction project may also incorporate other innovative technologies, such as a passive solar building design. This strategy will implement orient windows and walls to shade the structure during the summer while maximizing light in the winter months.

A sustainable construction project will also implement renewable energy sources throughout the construction process. Solar power, hydro power, wind power or biomass can all reduce the environmental impact of the building.

Sustainable Construction and Water Efficiency:

Protecting water quality and reducing water consumption are fundamental objectives during the sustainable construction process. The conservation and protection of water throughout a building’s life cycle may be accomplished by designing dual plumbing systems. These systems will efficiently recycle water when a toilet flushes. In addition, water may be conserved during the lifecycle, by installing low-flush toilets or low-flow shower heads.

Point of use water treatment and heating systems also improve both the water quality and the efficiency of energy by reducing the amount of total water in circulation.

Sustainable Construction and Waste Reduction:

A sustainable construction project will seek to reduce waste or byproducts; the materials and water used during the construction of a sustainable structure will be preserved as much as possible. During the building phase, a sustainable construction project will limit the amount of material that is transferred to land-fills. An efficiently-designed building will also help reduce the amount of waste generated by the occupants by providing various on-site solutions, such as compost bins.

Definition of Designation

Designation is the term used to describe ownership one has over something. Designation is used commonly with wills and trusts. Designation of record is what the writer of the will or trust creates to submit to the court so that the court knows and understands who is in full control of the contract and the individual’s estates and assets after they have passed.

Designation of Record must be completed with the creator of the contract, the individual who will hold designation, and a lawyer. After the creator and the designator have settled on an agreement, the Designation of Record will then be signed off on and delivered to the court. Finally, the court will approve of the documents and the contract will be put into place. Generally, the contract will go into immediate effect at this point.

What You Must Know About Withholding Employee Wages

Employers are
legally allowed to withhold employee wages when state, local, or Federal law
requires them to do so. The Federal law of the United States actually requires
employers to withhold wages to satisfy payroll tax requirements administered
through the Internal Revenue Service.

The payroll
tax requirements are used to fund Federal income tax, Medicare tax, and Social
Security tax. If an employer did not withhold employee wages, there would be no
way to fund such programs or levies. In addition, if local law requires it, the
employer is also required to withhold wages for state taxation.

As a result of the tax responsibilities, all
employers withhold a certain percentage of an employee’s wages. That being
said, employers are not allowed to withhold wages for any circumstance that is
not aligned with taxation or funding company programs or benefits. Withholding
wages without reason is illegal under United States employment law.

Important Facts About Breach of Contract

What is a Breach of Contract?

A breach of contract occurs when a party, who agreed to formulate a contractual obligation with another party, does not carry out the intended function of the contract. As a result, a breach of contract is a legal cause of action where the binding agreement latent in the contract, is not honored by one or more of the parties to the contract.

A breach of contract can result in an individual not carrying-out a specific performance that was expected by the contract or by interfering with the other party’s ability to perform the task.

If a party, who agreed to formulate a contract with another party, does not fulfill his or her contractual promise or has given information to the other party that he or she will not perform his expected duty as labeled in the contract, the party is said to have performed a breach of contract. In addition, if the individual is unable to perform the obligations latent in the contract for whatever reason, a breach of contract is present.

Types of Breaches:

Minor Breach of Contract: A minor breach of contract constitutes a party’s inability to perform the full task expected by the contract; a minor breach of contract is referred to as an immaterial or partial breach of contract. In these instances, the non-breaching party cannot sue for specific performance, and can only seek legal action for actual damages sustained.

Material Breach of Contract: A material breach of contract is realized through any failure to perform, which ultimately permits the other party to the contract to collect damages because of the breach or compel performance.

Fundamental Breach of Contract: A fundamental breach of contract is a breach that permits the aggrieved party to terminate performance of the formulated contract. In these scenarios, the non-breaching party is entitled to sue the breaching party for damages sustained.

Anticipatory Breach of Contract: A breach of contract through anticipatory repudiation is an unequivocal indication that the party refuses to undertake the project or deliver performance as stipulated in the contract. Included in this type of breach, is a situation where a future non-performance is inevitable. This type of breach of contract allows the non-breaching party the option to treat the breach as immediate, which ultimately allows them to terminate the contract and sue for damages, without waiting for the actual breach to take place.

Remedies of a Breach of Contract:

In most instances, the judicial remedy for a breach of contract is the delivery of monetary compensation for damages incurred. If the failure to perform or satisfy the contractual obligation cannot be redressed through monetary compensation, the underlying court may enter an equity decree, which will award an injunction or the delivery of a specific performance.

The aggrieved person possesses the obligation to mitigate damages through reasonable means. In the United States, under contract law, punitive damages are typically not awarded for a breach of contract but may be awarded for other causes of action in a lawsuit.

Important Requirements of Contract Law You Must Know

Contract law is the branch of law which addresses the rights and obligations which legally bind parties together. Contract law is legally enforced as a type of contract which is a certain agreement in which two or more parties agree on

specific terms. Contract law is based off of the Latin phrase “pacta sunt servanda”, which means agreements to be kept.

Contract law is regulated and enforced by the court system. Contract laws consist of the protection and regulation of: trusts, wills, loans, and work contracts.

If a person breaks a contract it is known as a breach of contract and the person can be penalized for breaking a contract law. Generally, for a contract to be accepted in contract law, it must consist of certain requirements. Some requirements include:

Consent to contract;

Intention to create a legal relationship;

Lawfulness of purpose; and

Mutual agreement and acceptance of the contact.

Deed Poll

A deed poll is a type of legal document that only involves a single person or party, and which states a particular intention that such a person is bound to by the document itself. A deed poll itself is not a contract due to the fact that only one party is affected by such a legal document and it states only an intention, rather than a guarantee or promise. This kind of document is oftentimes referred to as a deed poll name change because it is very commonly used in order to enact a name change for an individual.

Change name by deed poll is most commonly used in Europe, particularly in England, Ireland, and Northern Ireland. Other nations such as Hong Kong and New Zealand also use the deed poll name change.

Typically speaking, to change name by deed poll will require that a person complete a form, which must be signed by a witness. The form is then filed with the appropriate court. In many jurisdictions, deed poll name change may be considered as a legal name change, though change name by deed poll may not necessarily change a person’s name on the birth certificate.

Therefore, in the case that a passport is to be obtained, for instance, both the birth certificate and the change name by deed poll document will need to be furnished in order to complete the passport requirements.

Understanding Promissory Estoppel

Promissory estoppel is one of the broad categories of reliance-based estoppels. Promissory estoppel is differentiated from the other two forms of reliance-based estoppel, estoppel by representation of fact and proprietary estoppel, in that promissory estoppel applies where one person makes a promise to another person, but there is no contract that can be enforced to make the person carry out the promised action.

In order for promissory estoppel to apply, the party that has been victimized must prove in court that there was both an inducement and a detrimental reliance. In other words, there has to be evidence that one party intended for the victim to act on the promise or representation, or the victim must satisfy the court that their actions were a reasonable response to the relevant promise or representation.

The victim must also show that the actions that the victim engaged in were either reasonable or were the intended response to the representation made, and that the victim would suffer a loss or detriment at the current moment in the event the other party were permitted to be released from the assumed obligation. For the courts to find that promissory estoppel applies it must be shown that it would be unconscionable to allow the party to benefit from their actions.

Promissory estoppel and estoppel by representation of fact are mutually exclusive concepts. Estoppel by representation of fact is based on a representation of some mixture of law and fact, while promissory estoppel is based on a promise to fail to exercise a previously existing right.

What are the Legal Actions To Take Against A Breached Trust

A breach of trust can occur in any number of circumstances, and in
each case there may be a differing form of legal recourse. When the breach of
trust is included with a breach of contract, there may be both legal and civil
penalties.

For example, if there is a breach of contract between a day care
center and a parent, it may also include a breach of trust. If the day care
center took responsibility to care for a child and then failed to do so, they
may be charged with both breach of contract and breach of trust.

The result of those activities may influence whether or not the
charges are criminal or civil. If, for example, the child was injured because
of a failure to care for that child as promised, the charges would likely be
civil and criminal.

What Does Without Recourse Mean

Without recourse is a legal
phrase used by an endorser of a negotiable instrument to signify that if the
payment of the instrument is denied or refused, the endorser will not be held
responsible. An
endorser is an individual who signs a document that didn’t originally make it.

The negotiable instruments involved with this
definition typically refer to business or personal checks or promissory notes.
An individual who endorses such an instrument will attach the phrase
“without recourse” to specifically decline the responsibility of
payment. Through the incorporation of this phrase, the endorser declines
responsibility by virtue of the endorsement and becomes merely the assignor of
the title to the negotiable instrument.

The without recourse clause is governed by the
broader laws associated with the distribution of Commercial paper, which is
codified through the Uniform Commercial Code of the United States Federal
Government. As a result, a without recourse attachment will be honored by all
courts assuming basic requirements are met.

Contract Law