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Impossibility An Excuse For Non-Performance Of A Contract

Contracts Lawyer

One excuse that is commonly cited against performing contractual obligations is the impossibility of performance. Impossibility is not the same as impracticability, which is a doctrine that argues for excuse of non-performance of contractual obligations due to excessive and unreasonable levels of difficulty; impossibility is the more intuitive idea that a necessary condition of the performance of a contract is the existence of the item being sold or person rendering services. If a necessary person or item does not exist, it is impossible to actually perform the contract. Impossibility is recognized in many jurisdictions as an excuse of non-performance of a contractual obligation.

At an intuitive level, many people understand impossibility as an excuse for non-performance of a contract. People in informal or casual relationships will frequently excuse and forgive a promise made to them that is physically impossible to perform due to the nonexistence of an essential item or person. If one friend promises to another friend to buy a basket of apples from the store, and the store runs out of apples, then the friend who is the promisee is usually likely to excuse the inability to perform the promise due to the unavailability of apples at the store which the promisor friend visited.

The case Caldwell v. Taylor was an English court case from 1863 in which the court used the doctrine of impossibility in its opinion. Caldwell was the owner of a music hall and promised to rent the music hall to Taylor, a leasee, so that it could be used for hosting concerts and parties. However, before Taylor could make use of the property the building burned down, with neither party being responsible for the fire. Taylor sued Caldwell, but the court ruled that in this particular case, the existence of the property was an implied condition of the contract, and laid the groundwork for the doctrine of impossibility as an excuse for performance of a contract. This case has caused many people to argue that the existence of an essential item, or person, is a necessary condition of the contract that is implied when there is a meeting of the minds.

As your lawyer can explain, similar to a contracts lawyer an example of an essential person is a licensed professional such as an accountant, attorney, or broker. The sudden death or incapacity of such a professional would have enormous impacts on contracts that the professional is currently engaged in.

Filing A Personal Injury Lawsuit For A Bike Accident

Bicycle Accident Lawyer

If you have recently been injured in a bicycle accident, it is important to understand that you may have opportunities for legal and financial recourse available to you at this time. All too often, victims of bicycle accidents are surprised to discover that many people assume that they must have been to blame for their injurious circumstances. The car-centric culture in the U.S. is such that when cyclists, bikers, recreational bike riders, and scooter operators are injured as a result of accidents, many people jump to the conclusion that any non-motorist involved in the crash in question must be at fault for any harm caused.

This negative presumption keeps many injury victims from seeking legal guidance in the wake of a crash because they assume that they won’t be able to obtain justice for what happened to them. Thankfully, although some people jump to unfounded conclusions in the wake of a motorist/non-motorist crash, the law does not. If an accident injury victim’s case meets specific criteria, they should receive any and all compensation that is rightfully theirs.

Filing a Personal Injury Lawsuit

As an experienced bicycle accident lawyer can explain in greater detail, injury victims who file personal injury lawsuits must generally prove three legal standards have been met in their case before they can be awarded compensation.

First, it must be proven that any defendant (such as a motorist or a manufacturer of defective auto parts) owed the injury victim/plaintiff a duty of care under the law. As anyone traveling on roads in the U.S. has a duty to operate their mode of transportation safely in order to mitigate the risk of harm to themselves and others, this standard isn’t generally a difficult one to meet in bicycle accident cases.

Second, it must be proven that any defendant named in a case behaved in a manner that was reckless, negligent, or intentionally dangerous. There are some exceptions to this rule for products defect cases tried under a legal theory of strict liability. However, this is generally the standard that must be met.

Third, it must be proven that the negligent, reckless, or intentionally dangerous conduct of the defendant directly contributed to the cause(s) of the plaintiff’s physical harm. For example, a motorist’s decision to drive after drinking to excess directly contributed to the cause of the accident that caused a cyclist’s injuries.

It is vital to understand that, unless you live in a very small minority of states, you remain entitled to compensation as a result of your injuries – provided that all of these legal criteria are met – even if you were partially to blame for what happened to you. Some states limit this opportunity to victims of accidents who are less than 50% at fault for their own harm.

Public Nuisance

Personal Injury Lawyer

Public nuisance is a tort that occurs when a person unreasonably interferes with a right that the general public shares. In other words, a person commits a public nuisance if they harm an entire neighborhood or society as a whole. Some examples of actions that constitute a public nuisance include water and air pollution, interference with the use of public spaces (such as a public park or the coastline), and creation of public health hazards (such as through dangerous drugs).

Public nuisance can be the result of either intentional or negligent conduct. In determining whether a public nuisance has occurred, a court will consider the type of neighborhood affected, the nature of the harmful conduct, and the proximity of the harmful conduct to those who were injured.

Who Can Sue for Public Nuisance?

However, because a public nuisance will affect many members of a society, the law limits the class of people who have the right to sue a person who has created a public nuisance. If every individual in the affected community were permitted to sue, the number of potential lawsuits would be unjust, inefficient, and wasteful.

Therefore, the law limits the right to sue for public nuisance to two groups of people. First, public authorities who are responsible for protecting the rights of the public, such as state and federal environmental protection agencies, may sue to prevent an ongoing public nuisance or to remedy a past public nuisance. Second, individuals within the affected community who have suffered a particularized harm as a result of the public nuisance can sue. A particularized harm is an individual harm that is different from the harm suffered by the public at large.

Remedies for Public Nuisance Actions

Plaintiffs bringing a claim for public nuisance can sue for damages or an injunction to abate an ongoing nuisance. In some instances, public authorities can refer public nuisance cases to state prosecutors to take criminal action against those who created the nuisance.

As explained by a highly regarded personal injury lawyer, the defendant in a public nuisance case will be liable to the plaintiff for compensatory damages for the harm they have suffered as a result of the nuisance, whether that be personal injury and lost wages or property damage.

Defenses to Public Nuisance Actions 

A defendant in a public nuisance action can raise several defenses, including assumption of the risk, contributory negligence, and “coming to the nuisance.” A defendant can claim assumption of the risk as a defense if the plaintiff knew about the nuisance and could have avoided it, but decided to live or work near the nuisance anyways. A defendant can claim contributory negligence as a defense if the plaintiff was negligent in causing, prolonging, or worsening their exposure to the public nuisance.

The defense of “coming to the nuisance” applies when the plaintiff’s property was impacted by the nuisance, the nuisance was occurring before the plaintiff acquired the property, and the plaintiff knew about the nuisance at the time the plaintiff purchased the property. “Coming to the nuisance” was historically a complete bar to recovery, but is now one of many factors the court will consider in evaluating a public nuisance claim.

Thanks to Eglet Law for their insight on public nuisance lawsuits.

Slip And Fall Accidents

After you have suffered from injuries from a slip and fall accident, you may be thinking that you wish you had a list handy so that you knew what steps to take. Things can be confusing immediately following an accident, especially with the rush of adrenaline (and maybe embarrassment). You may just be trying to get out of the store or whatever public place you are in as quickly as possible so that you can go home and rest in peace. However, this is not what you should be doing. Instead, one of the best things you can do is make a mental checklist of what you need following a slip and fall accident. Unless an ambulance is driving you to the hospital because you are seriously injured, there are a few things you can do at the scene of the accident to help with your claim.

Get Help For Your Claim Now

Getting into a slip-and-fall accident can be scary. Do not hesitate to get help from a lawyer you can rely on to help you with your claim.

Road Bicycle Safety Guidelines

Personal Injury Lawyer

Whether you are commuting, exercising, or just enjoying the outdoors, if you find yourself cycling on roadways there is always a certain degree of risk involved, but we certainly can’t let risks stop us.

Regardless of your reasons for riding, these tips will help keep you safe the next time you’re out for a ride. As a personal injury lawyer can support, being mindful and taking measures to ride safely can reduce your risk for being in a car vs. bicycle accident, helping to avoid a potentially long and costly road to recovery.

Make yourself visible. 

By taking extra measures to make yourself more visible while riding a bike, the earlier drivers will see you allowing for more time to make driving decisions. A few ways to make you and your bike more visible when riding on or near roads are:

With the countless lighting options that are available, lighting up your bike can be fun. Color changing LED lights will set you apart in dark conditions and help ensure you are seen by motorists on the road.

Helmets. Wear one!

Riding a bike without a helmet is dangerous! Accidents have a way of happening when least expected. In the moments when we feel we are in complete control, the bike can just slip from under us and suddenly find ourselves heading for the path of a vehicle.

Aside from helmets being the most essential piece of safety gear to wear, many municipalities require cyclists to sport a helmet by law. Failing to wear a helmet in these areas could result in an embarrassing bike traffic stop, tickets, and fines. We don’t want that, do we?

Plan your route.

It is good practice to research new routes, especially if you are unfamiliar with road conditions. Some roads are more dangerous than others for cyclists. By exploring the route on a Maps application beforehand, you’ll be able to plan by identifying potentially hazardous sections and rerouting accordingly. By doing this first, you will be able to ensure you maximize your comfort and that you aren’t riding beyond your level of skill.

Be aware of your surroundings.

As a cyclist, you must be hyper-aware, especially when sharing the road with motorists. Practice safely executing moves such as the “over-shoulder” look, and the quick left-right safety check. You may also benefit from handle bar mirrors, or helmet mirrors, which can be especially helpful when riding near cars. The earlier you are aware of potential vehicle and roadway hazards, the more time you’ll have to react. As cyclists, we must err on the side of caution and assume that other vehicles do not see us.

Maintain your bicycle and conduct regular safety checks.

By regularly maintaining your bicycle components, you can help reduce the chance of a sudden and unexpected failure. Additionally, before every ride it is best practice to conduct a quick safety check. Check to ensure your wheels are fastened properly and that everything else is in working order. A sudden failure of load bearing parts at high speeds can result in a nasty accident scenario.

We hope that these tips help keep you safe on your next ride. Safe travels!

7 Causes Of Pedestrian Accidents

Pedestrian Accident Lawyer

Walking down the street on a nice day can be quite enjoyable. However, it is important to be careful and keep an eye out for vehicles. Many pedestrians get injured in accidents involving vehicles every year. Pedestrians are more likely to suffer severe injuries in an accident because they don’t have the protection of a vehicle.

Here are the most common causes of pedestrian accidents.

Distracted Driving

When behind the wheel of a vehicle, it is crucial for drivers to have their complete focus on the road ahead. However, some drivers still give into distractions, such as texting on their smartphones or eating food. If they take their eyes off the road for even a second, they risk hitting a pedestrian.

Making Left-Hand Turns

Pedestrian accidents frequently occur when drivers are making a left-hand turn. When drivers are turning left, they may focus their attention on getting through a busy intersection and may not notice a pedestrian trying to cross the street.

Impatience

In Colorado, pedestrians have the right of way when they are entering the road within a crosswalk. Drivers have a legal duty to look out for pedestrians in crosswalks. Unfortunately, however, some drivers are impatient and do not always check for pedestrians.

Drunk Driving

Drivers who get behind the wheel drunk put everyone in danger, including pedestrians. Alcohol can impair a driver’s judgment, causing him or her to make bad decisions, such as not stopping at a stop sign or speeding. This can all increase the risk of pedestrian accidents.

Poor Visibility

Sometimes pedestrians occur simply because a driver could not see a pedestrian crossing the street. This is more likely to occur at night and during poor weather conditions. That is why pedestrians should try to make themselves as visible as possible. If you have to walk in the dark, wear bright clothes and carry a flashlight so that drivers can see you better.

Unmarked crosswalks

Believe it or not, some crosswalks are not marked clearly. If crosswalks are not clearly marked, drivers may not be aware to look out for pedestrians, increasing the risk of pedestrian accidents.

Speeding

Some drivers choose to drive above the speed limit for one reason or another. They may be late to work or enjoy the thrill of driving fast. No matter what the reason, speeding can put pedestrians in danger. Drivers may not have enough time to react to an upcoming pedestrian if they are driving too fast.

Getting Compensation in a Pedestrian Accident

If you were hit by a vehicle while you were walking, you may be entitled to receive compensation for your medical bills, lost wages, pain and suffering and other losses.  A lawyer can help you build a strong case and handle the negotiation process with the defendant’s insurance company.

Will Insight and Notifying Beneficiaries

A legal document that outlines your wishes for how you want property to be distributed is referred to as a will. If you die without having a will, then your wishes now may not be abided by in the future. Furthermore, your beneficiaries may spend extra emotional energy, money, and time settling your affairs after you’ve passed if you did not formulate an estate plan. No one document can be the solution to every possible issue that can arise after you have died, but a last will and testament is the closest thing to that.

Some people may think that you have to be wealthy or have a large amount of assets in order to need a last will and testament, but this is not true. There are many good reasons to have a will and almost everyone can benefit from having one. But when writing your will, you need to be clear about who is to receive which assets. You get to decide who receives what items or funds, and how much. If you prefer, you can keep assets away from certain people that you don’t want to have them, such as an estranged relative.

By having an estate plan, your beneficiaries can receive their assets faster and more smoothly compared to if you were not prepared at all. With a will, you can also make it a point to save estate money from taxes. As your lawyer can discuss, like a wills lawyer, you can plan to give charitable donations and gifts, which can help offset any estate taxes.

To increase the chances that your wishes will be followed after you pass away, you will need to write a testamentary will. This is the most common type of will, where you prepare a document and then sign it while in the presence of witnesses. This kind of will is probably the best insurance in avoiding complaints being filed against your estate by business associates or family members after you die. You can develop a testamentary will by yourself, but it’s helpful to have a legal team review it, like a lawyer from Carpenter & Lewis PLLC, to ensure that you have not made any mistakes or left out necessary information.

A will allows you to choose how your belongings, tangible and intangible property, shall be distributed to those you care about the most upon your death. You can specify who is to receive which assets, and at what time or age they are to be distributed. Some people choose to communicate with beneficiaries about what is written in their estate plan, so that any potential disputes can be resolved beforehand. It may be good to let your beneficiaries know what is in the will and that they can expect to receive something in the future. How much you decide to reveal about your estate plan is up to you, but you may want to at least let beneficiaries know these documents exist and where copies of them can be found when the time comes.

10 Types Of Personal Injury Cases 

If you have been injured in an accident and are looking to seek compensation, you may feel overwhelmed with the lawyer specialties. Chances are, if you were injured in an accident, a personal injury lawyer will be best positioned to represent your case. If you are not sure, here are 10 cases personal injury lawyers deal with on a regular basis:

 

Can I Qualify For TDIU?

VA TDIU lawyer

When you have suffered a disability after serving in the military, you could be entitled to be a recipient of a number of benefits.  You can depend on a qualified and knowledgeable lawyer who understands the Veterans Affairs and TDIU system, who knows how to advocate for disabled veterans. TDIU, or Total Disability based on Individual Unemployability, refers to a benefit system given to veterans who have some form of service-related disability which prevents them from sustaining long-term work. Individuals must apply for a TDIU rating through the Veteran Affairs website. Navigating the VA system when you have a disability can be a stressful and challenging experience. You deserve to receive the full benefit amount that you deserve, so don’t pass up your chance to talk to a lawyer who can help you obtain your rightful benefit amount.

How does TDIU work? 

A TDIU is awarded to veterans who are unable to work due to their service-connected disabilities. Generally, to be eligible, a veteran must have a single disability rated at 60% or more, or multiple disabilities that combined to 70% or more with at least one of those disabilities rated at 40% or more. But it is still possible to receive TDIU even if a veteran does not meet those rating requirements.

Am I eligible to receive VA benefits? 

You could be eligible to receive a compensation amount from the VA if you meet all of the requirements. Dishonorable discharges will qualify a veteran to receive compensation for their disability.  If you are unsure if you are eligible to receive benefits, or believe that your application was wrongly denied, you can contact a lawyer for further assistance. It is important to be aware that your benefits may be temporary, and it can become permanent only in certain cases, as decided by the VA.

What counts as a permanent and total disability? 

Disabilities are evaluated through a special rating schedule administered by the VA. A permanent disability is classified as a disability that likely will affect a veteran for the rest of their life. A total disability is for individuals who are considered to be completely disabled, and is determined according to how much it impacts a veteran’s functional ability, such as walking, lifting, and other functions. The VA relies on medical evaluations to make this assessment.

How do I submit a TDIU application? 

There are a number of ways that you can submit an application for TDIU. You can mail, fax or go through their online portal accessible on the VA website. There are a number of things that you need for your application, such as medical records, as a VA TDIU lawyer can tell you. If you need help with your application and would like to learn more about the full legal services available, call Greg at (800) 955-8596 for a free case evaluation today.

Is it Advisable to Pursue a Claim for a Bicycle Accident?

Getting injured in a bicycle accident can be devastating. Not only are you left with potentially severe injuries, but your mode of transportation – your bike – may be completely destroyed. You may feel like you do not have much of a shot of winning your bicycle accident claim if you file one. However, it is incredibly important that you fight to get the compensation you deserve when you were left injured after a person or car caused an accident while you were riding your bike. If you are interested in filing a claim, you should consider working with a lawyer you can rely on throughout the process. They can ensure you have everything you need for your claim and that you get your information and paperwork into the court on time.

What if a pedestrian injured me while on my bike? 

Many people might think they do not have a claim if they were injured by a pedestrian or another cyclist. It can seem like you would win your claim easier if a person driving a truck or car injured you. However, in any kind of bicycle claim, it is important to show how the other party caused your injuries. A trusted lawyer knows that when a pedestrian or cyclist injures you, it can happen in many ways:

How can you prove that another party injured you while you were biking? 

When you want to file a bicycle claim, you will need to prove certain things just as you would for another personal injury claim.

  1. The other party owed you a duty of care
  2. The other party breached this duty of care
  3. The other party’s negligence directly caused the accident that injured you

The driver of the car is blaming me for the accident. What can I do? 

One of the most important things you can do in this instance is not accept blame of any kind. You will want to speak with your lawyer as soon as possible when the other party is casting blame so that you can work on sorting out the timeline and the evidence for your claim. If the other party is successful in showing that you were partly at fault for the accident, you should still work to reach a reasonable settlement. Under comparative fault law, both parties can still recover damages under a personal injury claim.

It is important to speak with a lawyer as soon as possible after a bicycle accident to determine if you have the necessary evidence for your claim and to understand what kinds of damages you may be eligible for. Reach out to a trusted lawyer for more information on a claim today.