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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=99688739
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Category: General Civil Litigation
Location: TN
Subject: can you sue on verbal contract
I am an auto technician. 3 months ago my father in law was requested to get me to meet with a shop owner. At the time I was making 23.00 an hour book rate (get paid for what I do). He made me a generous offer of 1000.00 dollars a week salary to be his shop foreman. He seemed very busy and I took the job.
My crew and I finished all the repairs and now business got slow for the winter. He came to me and said ''He could handle the shop now'' and demoted me to 16.00 dollars a book hour. I now have to find a job because that cant support my family at this time. I beleive he knew he would use my expertise to help him then take control.
Is there anytyhing I can do
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=130596659
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Category: General Civil Litigation
Location: TN
Subject: Re: can you sue on verbal contract
You can try to sue based on the oral contact, but it will be your word against his. It will be tough for you to prove your case. You could argue that you would never have given up a job paying $23/hour for one paying $16/hour, but he will argue you wanted the short term pay of $1000/week. I recommend that you start your own shop or find a new job -- that would be a better use of your resources than paying an attorney to litigate on your behalf.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=143124004
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Category: Business Law
Location: TN
Subject: Responsibility
If you purchase an existing business can you as the new owner be held liable for problems which happened prior to your ownership?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=151459416
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Category: Business Law
Location: TN
Subject: Re: Responsibility
As a general rule, the new owners of a business receive both the assets and the liabilities of the business they purchase. In some cases, liability for certain debts might be extinguished by statute or by requiring the seller to purchase insurance and indemnify the buyer. It sounds like you may have already complete the purchase and are not finding you have unforeseen liabilities.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=811267352
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Category: Appeals and Writs
Location: GA
Subject: insurance
my daughter has been going through chemo and all that comes with it.
she is married to a military man whom she thought she was divorced from. as it turns out they are still married pending him coming back from afghanistan and signing some kind of affidative. she has been paying for her chemo and treatments all this time out of her pocket. almost a year now. she found out yesterday she is still legally married to the soldier. she called champus tricare and asked them if they would reimburse her for all her treatments and they told her no. that since one of there military doctors did not sign off on her treatment or recommend it they would not reimburse her nor would they pay for the remaining treatments. can they do this? and are they liable for reimbursing her. the dicorce was filed for in november of 05 but the soldier was shipped to afghanistan and was not able to follow up. when he did he found he still had papers to sign. he did not use a lawyer but a place that filled out the papers for him. she has paid out a lot of money for these treatments and i want to know if legally since she is still a dependant are they lable for reimbursing her? and are they liable for paying for the rest of the treatments .
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=822124393
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Category: Appeals and Writs
Location: GA
Subject: Re: insurance
Based on the facts you have outlined here, you have a valid claim for damages against Champus. There is no reason a physician cannot approve the charges "nunc pro tunc" (now for then) and force Champus to pay them.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=809656373
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Category: Health Care Law
Location: TN
Subject: Patient Information Sheet requirement
One of the members of my congregation asked me to find out if a 16 year old child is required by any law to fill out their own patient information sheet with their physician.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=816490675
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Category: Health Care Law
Location: TN
Subject: Re: Patient Information Sheet requirement
It is not required by law, but it is a matter of sound judgment. No parent should be intruding into the medical checkups of a 16 year old. That sounds like meddling behavior, unless the 16 year old is not capable of making sound decisions.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=222284794
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Category: Business Law
Location: TN
Subject: death of partner in a business
My husband was part owner of a business. He passed away this month and I now, I assume have the business. My name is on nothing pertaining to the company. Am I responsible for the companies debt?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=360741063
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Category: Business Law
Location: TN
Subject: Re: death of partner in a business
It depends on whether the business was a sole proprietorship (unincorporated) or some form of corporate entity.
http://michaelguth.com/prose.htm
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=837078657
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Category: Tax and Taxation Law
Location: VA
Subject: Income Tax on a Claim Settlement
Is there income tax on a claim settlement due to an accident?
The accident occured in Virginia but I live in Tennessee.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=859950921
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Category: Tax and Taxation Law
Location: VA
Subject: Re: Income Tax on a Claim Settlement
The general rule has been that compensatory damages are nontaxable, but punitive damages are taxable as miscellaneous income.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=586627134
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Category: Personal Injury Law and Tort Law
Location: TN
Subject: Dog bite- able to settle with Ins. Co myself?
I had hired an attorney which did not work out and have been released from them. During the time, the ins. co. of the defendant had offered a settlement offer.
The case was put on standstill d/t not being able to find defendant to go to court.
Defendant now found.
I need to know if, since at this time, I have no attorney, can I contact the State farm insurance company myself and agree to the prior settlement on my own, even though they had once offered it to my previous attorney, whom I no longer have and have been released out of my contract with.
Thank you for your precious time.
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=593530756
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Category: Personal Injury Law and Tort Law
Location: TN
Subject: Re: Dog bite- able to settle with Ins. Co myself?
Yes, parties are free to form contracts at any time. Settling out of court is a form of new contract between the parties. There is no harm in contacting State Farm and seeing if the company is interested in settling with you.
However, be aware that the original settlement offer was probably for a limited time period. State Farm is not obligated to offer you the same settlement terms. The fact that you are representing yourself may lead State Farm to think they would have an easier time in court, and thus the settlement offer may be lower than the original amount. But hopefully, State Farm will be fair with you.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=299264867
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Category: Consumer Law
Location: TN
Subject: Purchase of vehicle
If I bought a vehicle on contract from a dealer on Saturday, can I back out and return the vehicle today?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=438468909
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Category: Consumer Law
Location: TN
Subject: Re: Purchase of vehicle
Does your purchase contract give you an right to rescind the deal? People do not automically have rescission rights when they purchase items. They usually have to bargain for that right.
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=690150319
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Category: Entertainment & Sport Law
Location: TN
Subject: Entering management agreement in another state
I am an entertainer in Tennessee getting ready to enter a management agreement with a manager in another state (NY) The manager wants the agreement to state ''governed under the laws of the state of NY''. How would this effect my rights in TN. Can an agreement be governed by two states?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=717601973
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Category: Entertainment & Sport Law
Location: TN
Subject: Re: Entering management agreement in another state
The choice of law provision, i.e., the clause stating the agreement is governed by the laws of New York, comes into play if there is a disagreement over the performance or content of the contract. In that case, a court -- whether in NY or TN -- would look to appellate case law of NY to resolve the questions in dispute. Obviously, that choice of law provision benefits the NY-resident manager. If I were you, I would have that choice of law provision struck from the contract or specify that it be governed by TN law. There should not be major differences between NY and TN concerning breaches of contract, but who knows for sure without researching individual questions?
http://michaelguth.com/prose.htm
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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=293649858
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Category: General Civil Litigation
Location: TN
Subject: illegal obtainment
i sent my boyfriend a private photo of myself. his ex girlfriend got into his email and copied the pictures. she has now posted them on the internet. do i have any legal standing to press chareges against her?
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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=413974103
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Category: General Civil Litigation
Location: TN
Subject: Re: illegal obtainment
In principle, you can sue her for invasion of privacy and theft or correspondence intended for another person. You can also get the websites to remove the pictures by contacting the site owners or hiring an attorney and have him or her send them letters. The ex-girlfriend may have certain defenses that the email account was a shared account.
http://michaelguth.com/prose.htm
