Tag Archive for: Southern Maryland

What Does Breach of Contract Mean?

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This week, David Weigel explains what it means when there is a breach of contract.

What is a Breach of Contract?

A breach of contract is when one party to the contract fails to comply with the terms of the contract. This means a party has failed to do something they were obligated to do, or they are doing something they had undertaken not to do.

Benefit of the Bargain

Once it has been established that a breach of contract has occurred, the next step is to access if any damages are due to the non-breaching party. The damages to the non-breaching party are typically calculated on the basis of the benefit of the bargain. This is done by putting the non-breaching party back in the position they would have been in had the breach never occurred.

Other Damages

There are a number of other terms that could be included in the contract that can also impact damages. For example, there could be a liquidated damages clause in the contract that sets a fixed penalty amount that the non-breaching party will receive.

Other examples include awards of attorney fees if there is litigation in the case of a breach,  injunctive relief clauses in employment and non-compete clauses, or specific performance in Real Property cases.  Punitive damages are typically not awarded in contracts cases.

In conclusion, evaluating a breach of contract claim requires a full understanding of the contract in question and all of the provisions that can impact potential damages.

At Davis, Upton & Palumbo LLC, our attorneys represent clients in court proceedings, in contract negotiation and drafting. We strive to make sure all of your contract needs are handled properly. If you want to learn more about our Business/Cooperate Law services, click here or contact us today.

These videos are provided to you by Davis, Upton & Palumbo, LLC. They are for general information only and are not intended to address your specific legal situation or offer legal advice. Viewing these videos does not create an attorney/client relationship. If you would like more information on a specific topic feel free to contact us at (410) 535-1780.

What is the FIT Program?

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What is the FIT Program?

Stephanie Noronha explains the FIT program or Families In Transition program. In cases that involve custody disputes, the court will typically order the parents to attend a FIT program.

FIT program purpose

 

The FIT program is designed to teach parents the emotional stress that their children sometimes go through as they during a separation and divorce. This can help parents to better understand the experience of their children. Also, these programs teach a lot of helpful skills. For example, the FIT program focuses on improving communication skills between the parents.

Mediation

In addition, the court will order the parties to attend mediation. The court will appoint a court mediator and the parties will be required to attend sessions with the mediator.  The parties are required to make a good faith effort to work with each other to try to reach an agreement on custody. If they do reach an agreement, they will have the agreement put in writing, executed and submitted to the court.

In conclusion At Davis, Upton & Palumbo LLC, we are experienced with custody and family law matters. We understand the need to counsel and advise you on the best possible course of action for your unique situation.To learn more about our Family Law services click here or contact us today!

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What is a Restrictive Covenant?

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What is a Restrictive Covenant?

A Restrictive Covenant is a restriction that is placed on land that limits the uses to which that land can be put. Typically they are created by and recorded by subdivision developers to ensure that the subdivision develops in accordance with a common scheme or purpose.

Types of Limitations

For example, limitations on the uses that parcels in a subdivision can be put like a single family residence. Other examples include architectural controls like colors that can be used or roof materials. There may also be restrictions on animals and livestock.

Homeowner Associations

A set of Restrictive Covenants can set forth the creation of a Homeowner Association. This will detail the duties and powers of that Homeowner Association. In addition, the Restrictive Covenants will set the annual fees and special assessments that the Homeowner Association may levy.

Special Conditions

Restrictive Covenants are enforcible against the owners of the lots in perpetuity unless they are rescinded or abolished. By statute, it is required that all potential buyers for a parcel of land in a subdivision with Restricted Covenants must be given a copy of those documents.

At Davis, Upton & Palumbo LLC, we represent many individual property owners when Real Estate issues arise. Our Real Estate Practice Group has developed the reputation of being the “People To Talk To” when it comes to a Real Estate matter. To learn more about our Real Estate services click here or contact us today.

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Why is it Important to Avoid Gaps in Treatment?

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This week Mark Palumbo explains why you should always avoid gaps in treatment when it relates to a Personal Injury claim. Any type of gap during the time you should be treating will cause the insurance company to reevaluate your case and question your injuries.

What is a gap in treatment?

A gap in treatment is when someone has been instructed by a doctor to seek further medical treatment because of their injuries and fail to complete the full length of treatment or takes breaks in between.

Why should you avoid taking breaks in between treatments?

Mark Palumbo suggests at your initial consultation that it is highly recommended to follow through with all of your medical treatment. If the Insurance company notices you are taking long breaks or otherwise deviate from your treatment plan, they will evaluate your case and could question how serious your injuries are.

Example:

If you are instructed by a doctor to go to physical therapy for eight weeks, twice a week you should do so. If you are told by a doctor to take a break from treatment that is acceptable, otherwise you should not be making that decision on your own.

In conclusion, it is important to follow the instructions you are given by a doctor regarding your medical treatment as if you don’t, that can affect your case.

At Davis, Upton & Palumbo, LLC, we understand that the issues our clients face when they have been injured due to the negligence of others. If you want to learn more about our Personal Injury services click here or contact us today.

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What is Tort Law?

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What is Tort Law?

A Tort is a civil wrong or a wrongful act whether it be intentional or unintentional that causes damages or injuries.

Three Types of Torts

There are three main types of Torts. First and most common, is a Negligence case. For example, this could be a car accident or slip and fall incident. Second is a Strict Liability case which is related to product liability. The last type is an Intentional Tort which can include assault or battery.

The Four Elements Required to Prove a Negligence Case

The most common type of negligence case is a car accident. If you are involved in an automobile accident, and you were not at fault, there are four elements that must exist to prove negligence has occurred.

First, there must be a duty, in this case, that would be driving in a prudent and reasonable manner.

The second element is that there was a breach of that duty which in an accident the driver at fault breached the duty of driving in a reasonable manner by hitting you.

Third, there must be a link between the action and damages. That means that there must be a connection to the drivers’ failure to operate a vehicle in a reasonable manner and the cause of the damage.

Finally, it must be proven that the driver not at fault has suffered and damages or injuries. The way to prove that is by providing the medical bills, medical records or any documentation from a mechanic involved in the incident.

In conclusion, it is important to understand what Tort Law is and all of the elements that go into these cases in order to best represent your situation.

At Davis, Upton & Palumbo LLC, our attorneys understand your needs and are known for their attention to detail. To learn more about our practice areas click here or contact us today. Read more

What is a Breach of Contract?

/in

 

This week, David Weigel explains what it means when there is a breach of contract.

What is a Breach of Contract?

A breach of contract is when one party to the contract fails to comply with the terms of the contract. This means a party has failed to do something they were obligated to do, or they are doing something they had undertaken not to do.

Benefit of the Bargain

Once it has been established that a breach of contract has occurred, the next step is to access if any damages are due to the non-breaching party. The damages to the non-breaching party are typically calculated on the basis of the benefit of the bargain. This is done by putting the non-breaching party back in the position they would have been in had the breach never occurred.

Other Damages

There are a number of other terms that could be included in the contract that can also impact damages. For example, there could be a liquidated damages clause in the contract that sets a fixed penalty amount that the non-breaching party will receive.

Other examples include awards of attorney fees if there is litigation in the case of a breach,  injunctive relief clauses in employment and non-compete clauses, or specific performance in Real Property cases.  Punitive damages are typically not awarded in contracts cases.

In conclusion, evaluating a breach of contract claim requires a full understanding of the contract in question and all of the provisions that can impact potential damages.

At Davis, Upton & Palumbo LLC, our attorneys represent clients in court proceedings, in contract negotiation and drafting. We strive to make sure all of your contract needs are handled properly. If you want to learn more about our Business/Cooperate Law services, click here or contact us today.

These videos are provided to you by Davis, Upton & Palumbo, LLC. They are for general information only and are not intended to address your specific legal situation or offer legal advice. Viewing these videos does not create an attorney/client relationship. If you would like more information on a specific topic feel free to contact us at (410) 535-1780.

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