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Leasing is a convenient way to conduct a business without having to invest in the purchase of expensive equipment and thus burdening the business with capital expenditure. The firms that provide such services enter into contracts of a specified period, generally one year, after which the agreements are renewed according to requirement.
Businesses which use such leasing services must study the contract carefully to avoid mistakes that are commonly seen in these types of agreements.
Here are a few things to consider:
· Contract Details
The company needs to review the contract carefully as it is the legal document that determines the course of the contract so signed. It should clearly mention the term of the contract, details of expenses in case the equipment breaks down, troubleshooting in case of computers etc.
· Expected Results
The contract should carry details of the results that the equipment is capable of delivering when put to use in a certain manner. This is important because companies, especially manufacturing units, have certain pre-determined outputs expected from the equipment.
· Legal Communication
It is advisable to communicate with the leasing company in legal terms from the beginning of the contract, i.e. let all communication be on paper with a legal standing. Any company that depends on or encourages verbal communication is not a very reliable one from the point of view of an attorney.
· Legal Consultation
Even though companies do not make capital expenditure on leased equipments, the expenses of leasing are considerable. Hence while leasing it is advisable to consult a Boston lawyer in case the company does not have an internal legal department.
· Contractual Obligations In Case of Damage
Leasing companies allow wear and tear of the leased equipments; if the equipment is damaged and the company does not buy the same at the end of the lease period, then the company will have to pay proportionate amount for the damages.
· Contract Duration and Rent Finalization
It is advisable to mutually decide on the rent and duration of the leasing contract. A leasing contract for equipments must cover various legalities and a Boston attorney will again be able to help in order to avoid legal loopholes.
Medical malpractice or negligence applies to individuals who are responsible for correctly diagnosing, treating, healing and providing proper medication to patients suffering from various medical conditions. These individuals can be doctors, nurses, anesthetists, surgeons, and entities like hospitals and clinics on the whole.
Medical malpractice has a wide scope which covers injuries to children at various stages of treatment due to negligence or improper medication. If your child is a victim of medical negligence, incorrect diagnosis or improper medication, you need to hire a medical negligence attorney to bring the perpetrators to justice.
The following information can be sourced with the help of an attorney.
· Delay in Diagnosing a Congenital Problem
Medical negligence in the form of late diagnosis of congenital defects or injuries or problems is one of the most hazardous as it leads to further medical complications that remain untreated for a considerable amount of time. If there are no symptoms during the early stages, then the doctors or the hospital cannot be held accountable. But establishing this fact is important and a Boston attorney can understand the nuances of such a case better.
· Medication Mishaps
Medication is crucial when treating any disease or deformity in a child. Hence mistakes in the dosage or the medicine itself can cause grievous injury to the child. Such errors can lead to further problems in adult life or aggravate the existing problem.
· Surgical Errors
There have been cases of doctors, anesthetists and nurses making mistakes even during minor surgeries that result in other problems. The initial problem persists and the child may be hampered with some other medical issue.
· Improper Medication or Surgery Resulting In Death
These are the worst cases that Boston attorneys come across with respect to the cases covered under the ambit of medical negligence or medical malpractice. The only aim is to obtain justice for the parents of the victim since the loss of the child is irreversible.
The cases of medical negligence or malpractice need to be filed within a specified time period so that the investigation is not affected. It is advisable to seek the help of a medical malpractice attorney since they can guide you on the course of action to be adopted.
Some of the injuries that a child may suffer due to medical negligence are listed below.
· Incorrect diagnosis of a congenital defect in a child
· Failure to diagnose a congenital defect
· Failure to diagnose any other disease/medical condition when referred
· Improper medical advice or treatment
· Incorrect treatment in accident cases
· Errors of judgment, medication, surgery resulting in death of the child
· Incorrect dosages, wrong medicines
· Death of an infant due to malpractice/negligence by doctors, nurses, anesthetists
How Can a Medical Malpractice Attorney Help Win the Case?
The legalities involved in these cases, like the filing of paper work, is very important and require special attention since it forms the basis of the case. The stage also includes the assimilation of facts from both parties to strengthen the case. Medical negligence attorneys can assist in filing the case, presenting the same in the court and appealing for compensation if applicable. A case has to be pursued in a manner that will ensure the desired outcome, which can be achieved through professional advice and experience. Boston attorneys are aware of the medical records and documentation that is required to present a medical malpractice case. An attorney will be able to glean the required information from a witness in the court of law. An experienced lawyer will channel the efforts of the plaintiff in the proper direction.
With the constant growth in industries and the rising hazards posed by these industries to the natural environment, it is very important to have environmental regulations for every state in place. There are several laws in the United States that apply to different states with the same underlying notion of protecting the environment from pollution and other dangers caused due to man-made activities. These dangers include threat to human beings, animals, birds and the natural environment in totality.
Below is a List of Some Federal Laws in US
• The Migratory Birds and Species Act, 1918.
• The Endangered Species Act that protects those living beings that are close to extinction.
• The Clean Water Act that enforces the law of treating industrial waste water before disposal in other water bodies or disposal through any other method.
• The Resource Conservation and Recovery Act that governs the law for disposal of solid industrial, shipping and other wastes.
• The Federal Insecticide, Fungicide and Rodenticide Act to enforce the regulations on the usage of pesticides that endanger the health of human beings and animals alike. The use of insecticides and pesticides is restricted by the act.
• The National Environment Policy Act, 1970, with the basic view of protecting the environment, maintaining ecological balance as well as protecting wildlife.
The Corporate heads and other industrialists embark on several development projects in different states. These need to be approved by the relevant authorities. There is a governing body that assesses and approves such projects called International Association for Impact Assessment. It conducts an assessment called the Environmental Impact Assessment.
What is the Environmental Impact Assessment?
This is an analysis wherein the positive as well as negative factors of a proposed project are considered. The natural, environmental, social and economical effects of the project are taken into consideration before deciding on the course of action.
Environmental Policy of the U.S.
This is a governing body for regulating all activities that affect the environment of the country. It seeks to enforce rules with respect to the emission of greenhouse gases and the consequent global warming.
US Environmental Protection Agency, 1970
The Environmental Protection Agency was established with a view to protect human health and the natural environment. EPA covers a wide spectrum of laws from acid rain reduction, wetland restoration, disposing solid and water wastages, provision of clean drinking water, regulation of toxic substances, fishing, pesticide usage restrictions, climate change regulation, radiation etc.
EPA administers laws either in totality or partially. Some of the laws are listed below.
• Atomic Energy Act
• Clean Air Act
• Clean Water Act
• Endangered Species Act
• Federal Food, Drug and Cosmetic Act
• Marine Protection, Research and Sanctuaries Act
• National Environmental Policy Act
• Occupational Safety and Health
• Oil Pollution Act
• Pollution Prevention Act
• Toxic Substances Control Act
Imagine buying a property and finding out that there are hazardous construction defects that lower the joy of having bought it? What can you do now?
Here’s what you can do when you find construction defects in your property. You need to act as soon as you find such defect/ defects with the help of a Boston attorney who will protect your legal rights.
When you suspect a defect or you can see one clearly, you need to consult an attorney who can determine the defect and its seriousness. The process of determination of defects is not easy and varies according to situations. There cannot be a generalized legal rule applicable to all, hence your lawyer can help you determine the extent and seriousness of damage caused due to the purchase of such a property. Usually these defects arise when the specified norms for construction are not followed and there are unreasonable aspects to a building/ property when compared to others in the same category.
Why will you need an attorney in such a case?
The first most important task that a construction defect lawyer will establish is the extent of danger and subsequent loss of resources of the victim, thus making a strong claim against the construction company. Apart from this, the attorney will be well versed with the law of the area to decide the legal course of action. The legal intricacies are numerous and need to be paid due attention. The greatest advantage of an attorney is the protection of your rights, saving you from exploitation.
Filing a law suit
An attorney can also help you determine the responsibility of who has built the defective part of the property and also specify the party from whom you need to recover the damages. Also the lawyer can get support from relevant construction authorities in the area to strengthen the case further.
Should the matter be settled privately with the company? This is a common question many people have which can be answered by an attorney after assessing the case details and facts. An attorney can advice you well which will save money and time.
How much is the amount of damage? What amount should be demanded? An attorney will correctly assess the damages and arrive at a figure that will be appropriate as compensation for damages suffered. This is a detailed process that requires an experienced layer who can get you the best possible compensation amount in the least possible time.
While choosing an attorney, it is advisable to select a firm that has considerable experience with such matters so that you get the appropriate compensation amount as well as to combat the legal games that the builder/ construction company may play against you.
A civil lawsuit can be defined as a case where the victimized party sues another relevant party to recover damages caused to the former, the damages being mental, emotional or physical. These lawsuits are quite common and are always on the rise. The aggrieved party is called the plaintiff and the sued party is called the defendant.
Civil lawsuits need to be filed within the Statute of Limitations. This time period generally begins when the damage occurs, but in some cases it starts when the victim discovers that there has been damage. If the party intends to file a case then it needs to be done at one of the relevant times as per the case in question, so that the Statute of Limitations applies.
Legal claims usually fall in the category listed below.
• Assault and battery
• Civil rights
• Child abuse
• Rape and sexual charges
• Negligent behavior
• Infliction of emotional distress
• Harassment at workplace
What are damages?
Legally damage is defined as a loss or harm resulting from injury to a person, property or reputation. Damages are the compensation that is provided to a person who has suffered damage due to an unlawful act.
How do attorneys help in a civil lawsuit?
Civil lawsuits can be successfully closed with the help of an experienced attorney. The lawyer can clearly explain the case as well as the repercussions of various outcomes possible. They are adept at recognizing the requirements of the lawsuit so filed. In case of criminal prosecution along with a civil lawsuit, the attorneys can help the party arrive at the desired outcome. It is also important to sue in the correct court of law, since there are different courts for different purposes. Your attorney will be able to guide you well on this particular aspect. Suing in the wrong court may lead to the case being dismissed altogether, not to mention the expenditure already incurred.
Most civil lawsuits are cases where the claim is generally a monetary one. Monetary damages may be categorized at compensatory, punitive, nominal, interest related and attorney’s fees.
What is a Small Claims Court?
Cases wherein the claim amount is $5000 or less can be filed in a Small Claims Court. The paperwork is less compared to the normal courts and the victim can represent himself/ herself in such a court in case they cannot hire an attorney.
What is arbitration and mediation in a lawsuit?
When the victim identifies that there has been damage, the first step is to inform the opposite party, making an appeal for a resolution or directly threatening a court proceeding. The resolution when offered is through submission of the case to an arbitrator or mediator. This is done when the issue cannot be solved informally. The case is then open for investigation by the arbitrator/ mediator. If the parties mutually agree to a solution then the process of arbitration is conducted and completed. A lawsuit begins with the filing of papers prepared according to the specifications of law.
Child Labor is prevalent in many countries of the world and more so in the developing ones. Although it is illegal and strictly prohibited in almost all parts of the world, the practice of employing children still continues either openly or in secret. Most of us will agree to having encountered it in some form or the other, at some point of time in life.
Laws in the U.S.
The U.S. government categorizes children below the legal age working in inhuman conditions, performing immoral work, associated with hazardous and filthy workplaces with no or meager payment, as victims of child labor. The Federal and State Legislation monitor the type of work that children can perform having reached a certain age. The law controlling child labor is the Fair Labor Standards Act, 1938.
It gives guidelines as to what is acceptable where children are concerned. The requirements need to be met by employers.
• Work hours are specified
• Minimum wages to be paid by the employers
• Categories of work as to where children cannot be employed, like liquor shops, lottery sales
• Work permit needs to be submitted so that there is no breach of the said law
Each state in U.S. has different child labor norms that vary extensively, but the Federal law is the defining authority.
Underage children, as per the Federal Law are prohibited from being employed in the following areas of work:
• Operating tractors
• Operating or assisting in operating heavy machinery like grinders etc
• Working on a farm where animals are being kept for breeding
• Unloading, loading, felling timber with a trunk diameter of more than 6 inches
• Working on heights, 20 feet or above
• Driving transport vehicles like bus, trucks, tractors
• Working in enclosures where sufficient oxygen is unavailable, or are toxic areas, or in a manure pit
• Using toxic agricultural chemicals
• Using blasting agents like dynamite, etc.
• Handling anhydrous ammonia
• Overtime pay is to be accounted for separately and should not be less than one and a half times their regular pay.
• There are age limits for different occupations.
• The normal age for employment in agriculture is 14 years whereas in every other industry the minimum age is 16 years.
• Child actors and performers, children delivering newspapers, making evergreen wreaths at home are not covered under the Federal Law.
• A child of 14 or 15 may work in an industry except mining if the health and schooling are not affected. The decision is made by the Secretary of Labor.
• A child of 12 or 13 may work if the parent or guardian is engaged in the same employment or permits the employment of the child.
Even in today’s age and time, the Fair Labor Standards Act applies to all employers engaged in commercial activities. It is the tool through which the U.S. government seeks to enforce the law. Employers across U.S. would do well to comply with the standards set while making their staffing decisions.
The laws governing commercial business, in the recent years, have only been tightened further under the Federal law. The government monitors the activities of all commercial businesses and thus being aware of compliance rules is definitely an advantage.
Here’s a guide to the rules of starting the business of letting-out property on a rental or lease basis.
1. Using outdated forms
Using forma that either have too many or too few compliance clauses can cause unwanted trouble. For example, the clause on the return of deposit money, if not correct may cause unwanted hassles.
2. Asking offending questions to prospective tenants
If a landlord asks questions that tend to be insulting in any way, the authorities of fair housing may cause trouble. At times, even unintentional questions can cause problems when the applicant is refused accommodation facility.
3. Policies that are discriminatory in nature against families
Some landlords prefer letting out to couples without children since they believe that the nuisance level is lowered considerably. But this may cause problems if the decision is reported to the fair housing authorities.
4. Making promises without any intention of fulfilling the same
If a landlord promises any additional benefits to the prospective tenant during the initial stages, then such commitments have to be met. For example, a tenant may be promised a satellite connection or additional garage space will have to be given just that. If not met, the there is a possibility of legal entanglement which may involve huge costs.
5. In cases where disproportionately heavy late fees are levied
Tenants who delay paying up are charged additional as late fees. But an excessively large late fee can attract the attention of the respective authorities. Any amount that does not correspond to the actual financial loss is not justifiable in the court of law.
6. Invading on the tenant’s privacy
In case the landlord invades the privacy of the tenant frequently or even if he makes one major mistake that demeans the tenant, it can lead to court ordering payment for damages.
7. Using security deposits for purposes other than repairs of damages by tenants
The security deposit is usable only in case of repair work for damages caused by the carelessness of the tenant. But if it is used for making cosmetic enhancements to the property or for furnishing purchases, then the tenant may file a case against the landlord.
8. If the property is not maintained and possesses some hazard
A hazardous property violates the basic requirements set by the local and state authorities along with violation of the landlord-tenant relation. If the tenant has had to make repairs to the property using own funds then such amount can be deducted from the rent and a complaint to the authorities can cause further problems. Any criminal activities on the property can lead to many more problems.
9. Withholding security deposits when the lease is broken
The security deposits need to be returned to the tenant even though the lease may be broken before the specified time. The amount required to recover the rent can be kept but keeping the deposit and renting the property at the same time is definitely not legal.
10. Not returning security deposits as per the law
As per the law, landlords have to return the security deposit, either the entire amount or the balance after the repairs. There is time limit within which the landlord has to furnish the details of how the security deposit was put to use.