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Business Law Legal Answers

Business Law Legal Answers
By now, I assume that if they were going to submit a public records request, they would have done this and the school district would have responded.  Probably your resume is not private.  Why not just give them proof of your degree?  What's the point of hiding it?
By now, I assume that if they were going to submit a public records request, they would have done this and the school district would have... Read More
The applicant is one person.  Ownership of the entity is on the tax return.
The applicant is one person.  Ownership of the entity is on the tax return.
Private employers are not subject to the Right to Know Law.  There would be no reason for your employer to provide anyone with your resume and job application.  Even if your employer is subject to the law, there are many exemptions from disclosure.  Your application or at least certain information on the application and your resume are probably exempt.  ... Read More
Private employers are not subject to the Right to Know Law.  There would be no reason for your employer to provide anyone with your resume and... Read More

DBA, LLC, or Sole Proprietorship

Answered 16 days ago by attorney Bruce Robins   |   1 Answer   |  Legal Mostics: Business Lawyer
You can have them all under one name and one umbrella using any of these forms (d/b/a is not a form, it simply means doing business as; any type of business structure, whether it be corporate, sole proprietership. llc, etc. can use a d/b/a).  The difference is that in a sole proprietorship, the owner is personally responsible for the liabilities of the business.  In a corporation or llc, the entity alone is obligated (assuming tha the entity is operated properly and the owner has not personally guaranteed any obligation). If you have all of the businesses owned by the same person or entity, the businesses will be considered as one, and will each be responsible for each other's obligations.  Thus, if you form ABC llc to own each of the businesses, and one business has an auto accident for which it is liable, not only that business's assets but all of the businesses; assets will be used to pay that obligation. For this reason, you may wish to form a holding entity.  For example, you might have each business owned by a different llc, and a separate llc owning the other llcs.  This will cost you some money to set up, but if you have assets you want to shelter, you may want to consider this or some similar structure where the businesses are all operated by separate entities and owned by an entity, so that your personal assets are protected, and the assets of one business will not be used to pay the obligatiohons of another.... Read More
You can have them all under one name and one umbrella using any of these forms (d/b/a is not a form, it simply means doing business as; any type of... Read More

I have been sue for non-payment of a written contract debt

Answered 16 days ago by attorney Bruce Robins   |   1 Answer   |  Legal Mostics: Business Lawyer
As part of the affirmative defense.  You may also be able to file a pre-answer motion to dismiss based on the statute of limitations.  Remember, the breach of contract statute of limitations runs from the date of breach, not the date of contract.  For example, if the Fl statute of limitations on breach of contract is 4 years, and you took out a loan 7 years ago  but didn't miss any payments until 3 yeatrs ago, the claim is timely.... Read More
As part of the affirmative defense.  You may also be able to file a pre-answer motion to dismiss based on the statute of limitations. ... Read More

do they need a permit to sell slime?

Answered 30 days ago by attorney Michael Doland   |   1 Answer   |  Legal Mostics: Business Lawyer
You need to check with the school administration before doing sales at school. Since eatiung home-made slime by young children, it probably is not advisable. 
You need to check with the school administration before doing sales at school. Since eatiung home-made slime by young children, it probably is not... Read More
A general business/corporate attorney can assist with this. Our office has assisted with many similar transactions and would be happy to discuss with you if interested.
A general business/corporate attorney can assist with this. Our office has assisted with many similar transactions and would be happy to discuss with... Read More
There may be a case for breach of contract, for failing to do the work properly, but you would probably only be able to recover the money you paid for them to clean the clothes, not the money you lost from losing customers.  It is not only very difficult to prove with any certainty that you lost customers, and how many customers and how much you would have made, because of the smell, but such damages are called "consequential damages", as opposed to direct damages, and are not normally recoverable in a breach of contract case except under particular circumstances. If I fail to repay a $1000 loan to you, the $1000 you lost are direct damages, i.e. damages that naturally flow from the breach.  If, because you didn't have the $1000, you couldn't buy a car and lost a job that would have  paid you $100,000 a year, those are considered consequential damages, i.e. damages which don't necessarily happen every time a loan isn't repaid but happened to occur in your situation.  These damagew are normally not recoverable unless they are within the contemplation of the parties at the time of contracting.  In other words, you may be able to recover them if you told me, at or before the time of the loan, that you would lose this job if I didn't repay you in time, but not otherwise.   In your case, where you lost customers because they didn't do the work right, it is a closer call, because that is more foreseeable and some courts may find it to have been within the contemplation of the parties at the time of contracting, but my bet would be that the damages would not be allowed.   Moreover, you have to think that if they ignored needed maintenance, they may be short on money and you wouldn't be able to collect. None of this is to say that you shouldn't consult an attorney in Ca. to look into your prospects, especially since it will probabl y coxst you little more to fule a suit seeking the return of they money you paid as it will to seek the additional damages, but my guess is that, given the problem  you will have proviing that the lost customers were due to the smell, the real question of whether these damages are recoerable, and the possibility that you won't be able to collect even if you win, you will probably decide not to pursue this claim if yoiu can get some money beck that you paid.... Read More
There may be a case for breach of contract, for failing to do the work properly, but you would probably only be able to recover the money you paid... Read More
Before you do this, check with your current auto insurance carrier to see if your insurance would cover you for any losses arising out someone else operating the car for rent.  You must maintain insurance on the car and what they platform provides is not a substitute and won't fulfill your legal obligation.  If your auto insurance doesn't cover, in my view what the platform offers is not nearly enough.  ... Read More
Before you do this, check with your current auto insurance carrier to see if your insurance would cover you for any losses arising out someone else... Read More

Agrement

Answered 2 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Mostics: Business Lawyer
If what you've written can be proved, some of them appear to be material breaches of the contract which would justify you in rescinding it.
If what you've written can be proved, some of them appear to be material breaches of the contract which would justify you in rescinding it.




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