Monthly Archives: July 2006
What is a Writ of Execution?
In a civil case, when the plaintiff is successful in proving his case, he obtains a judgment against the defendant. If the case seeks recovery of money damages, the judgment will be for a specific dollar amount of recovery.The story does not end here, however.… Continue reading
Integration Clauses
What is an integration clause? Before you start thinking it has something to do with affirmative action, let’s set the record straight. Integration clauses typically are included at the end of most contracts and provide, in express terms, that the written contract represents the entire… Continue reading
Italia ’97
Late in May Karol and I flew to Rome on a direct flight (which is a great convenience) from Philadelphia and had a delightful couple of weeks roaming the countryside. Some lasting impressions: As we travel extensively up and down both the east and west… Continue reading
Intent to be Legally Bound
From the beginning of American jurisprudence, our law of contracts has required the presence of “consideration” in order for a contractual obligation to be enforceable. Stated simply, both parties to a contract must be required to give up something and receive something as part of… Continue reading
Parental Responsibility for Children’s Acts
Suppose your son or daughter goes out to a graduation party, has a few beers and later commits an act of vandalism on the other side of town. While all parents would like to think of their children as incapable of such behavior, could you… Continue reading
Latin Lovers III
Three years after the applicable statute of limitations has expired, the Commonwealth of Pennsylvania brings an action against a manufacturer of asbestos products to recover the cost of removing asbestos from a school operated by the State. The manufacturer defends on the basis that the… Continue reading
Golfer Sues (Loses)
A recent reported case involved a golfer struck by a golf ball on the course. He sued the player who hit the ball because he failed to shout “fore”.The Court sided with the errant ball-striker, holding that a golfer is deemed to be on notice… Continue reading
Is Your Retirement Plan Overloaded?
Beginning in the 1970’s, the tax laws were very favorable to persons desiring to contribute large amounts of their income to a qualified pension or profit sharing plan. In the early years discrimination in favor of owners was possible, the allowable deductions were high, and… Continue reading
When is a Contract not a Contract?
The law of contracts, seemingly as old as civilization itself, evolved to encourage people to uphold their bargains and to provide a remedy when another party failed to uphold his end of a promise. If I promise to paint your house for $500, and you… Continue reading
Should You Incorporate Your Business?
Last year, we brought you an article entitled “Seven Reasons to Incorporate” in which we described some of the basic reasons that favor incorporation of a small business. Since then, we have received many calls and follow-up questions on the subject, prompting us to revisit… Continue reading