Civil Litigation Archives | Page 7 of 31

Media Law

Media law is the law that controls media production and use. This area of law encompasses various types of media such as internet, broadcast television, and print media.

The practice of media law involves all types of legal matters that may surface during the production or consumption of different types of media.

Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

All types of media are not created the same

The government treatment for different types of media varies when in terms of regulations and oversight. The greatest level of regulation is placed on broadcast media.

Broadcast media is intended for mass consumption by general audiences, such as basic TV and radio. In comparison, the internet and subscription radio have fewer regulations.

A media attorney who works in film might assist their clients with distribution contracts, option agreements, and issues with talent. Multimedia attorneys may need to work on sale regulations or software licensing.

Lawyers practicing media law must understand the business of their client to offer legal advice that is relevant to the type of media involved.

Media law usually intersects with other types of law

Along with laws that regulate media use in a direct manner, media law also involves other areas of law. Intellectual property law is an area that is often an issue in the use of media.

Today, piracy and image replication is commonplace. Therefore, media producers and other organizations experience a struggle to protect their copyrights and trademarks. Additionally, media law may involve the following types of law:

Contract laws
Employment issues
Insurance regulations
Tax laws
Immigration
Crime
Torts
Labor issues
Bankruptcy

Federal Communications Commission regulations and Free Speech

A primary question in media law pertains to federal regulations and the constitutional limits of free speech. The First Amendment to the US Constitution guarantees every individual the right to free speech. However, there are restrictions on broadcast speech that the Federal Communications Commission deems obscene.

Regulations in print media

Media law involves regulations in newspapers and books. In the 1991 case of Simon and Schuster Inc v. Members of the New York State Crime Victims Board, the US Supreme Court governed that a law that allowed the state to confiscate income from a book written by an individual convicted of a crime was invalid.

The court stated that the law focused on income from a convicted individual’s behavior. They further elaborated that they did not want to restrict speech that helps society. The court said that important books that have been contributors to public dialogue might not have been written if this law existed.

Developing laws

Media law is dynamic and continues to grow and evolve. Media attorneys are a part of the developments in the legal arena. Net neutrality is a modern media law debate.

The proponents of the policy state that providing content-based preference is comparable to censorship.

The opponents of net neutrality say that certain consumers, such as Internet-based media company Netflix, take up an unfairly large amount of bandwidth that can slow down other users. Media attorneys advocate for their clients on this matter that affects almost every person in the US.

Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Health Care Law

Healthcare law pertains to who can receive healthcare, and who should pay for it. Given how expensive healthcare can be in the US, this is a surprisingly complicated area of law.

Additionally, the laws pertaining to who medical insurance companies can and must cover are constantly changing as policymakers attempt to identify a way to offer health care to the most number of people at the least cost.

Role of a Healthcare Lawyer

As healthcare is so expensive, there are various government programs to help people in the United States for medical services, such as Medicaid, Medicare, and Social Security Disability Insurance. Attorneys help patients apply for benefits and make sure that they receive the payments that they are entitled to.

Healthcare lawyers also assist families in planning for long-term care and elder care. People are living longer now, and this means that medical care usually becomes more and more costly. Additionally, these elderly patients usually lose their physical or mental abilities to care for themselves.

Families can plan for the future by setting aside funds for medical costs, creating a living will, and choosing the type of long-term care services to use beforehand.

Lastly, healthcare lawyers work with medical care providers and patients to make sure that the rights of the patients are upheld, including the right to informed consent. This right requires physicians to educate patients about their medical options before they make a decision and respect their right to privacy in their medical records.

In addition, healthcare law controls what procedures doctors may or may not undertake, especially controversial procedures such as abortion and assisted suicide.

Terms to Know

Estate Plan: This is a collection of documents which establishes what happens to a person’s assets after they pass away and creates a plan if that individual becomes incapacitated in the future.
Trust: A trust is a legal arrangement in which a person’s assets are put in another individual’s care for the benefit of a third person. It can be a beneficial approach to plan for future medical costs.
Living Will: A legal document that lays out a patient’s medical preferences. This is useful when that patient is not able to manage their own medical care.
Power of Attorney: A legal documents which designates an individual to make financial or medical decisions on behalf of another person.
HIPPA: The law requires health care providers to keep the patient’s medical information private.
The Affordable Care Act: This law requires employers to offer medical insurance for their employees and requires people who are not covered by employers to acquire their own insurance.
Managed Care: A Medicare plan which endeavors to coordinate the care of a patient to a single network of providers.

Related Practice Areas

Estate Planning: This involves creating trusts, wills, and other estate planning documentation.
Elder Law: This practice area pertains to all the legal facets of aging including health care law and estate planning.
Insurance Law: Insurance lawyers assist insurance companies in establishing how much to pay their clients as well as advocate for clients to ensure that they receive all benefits.
Medical Malpractice: This area of law establishes the standards that health care providers must follow when treating patients.

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Health law is a broad body of law that controls the provision of healthcare services. Health law controls the relationship between healthcare providers and those who receive it.

Various topics and subtopics are involved in the provision of healthcare law such as contracts, provision of services, employment law and fraud.

Health attorneys may focus on a specific area of healthcare law, or they may offer comprehensive legal services to a healthcare provider.

Major health law legislation in the US

Social Security Amendments of 1965

The Social Security Amendments of 1965 instated the Medicare and Medicaid programs. Medicare offers government-funded medical insurance to seniors who qualify for it. Medicare exists to help seniors who may find it challenging to secure medical insurance in the private market.

Medicaid is government-sponsored medical insurance for people in the low-income group. Every state manages its own Medicaid program on the basis of federal guidelines.

Emergency Medical Treatment and Active Labor Act (EMTALA)

According to the Emergency Medical Treatment and Active Labor Act of 1986, healthcare providers must provide medical services to anyone in emergency circumstances.

A medical service provider cannot refuse to offer services based on an individual’s inability to pay. The healthcare provider must stabilize the person or transfer them to a facility that offers suitable services.

Health Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act mandates that health care providers cannot disclose personal health information. Providers are required to allow patients access to their own health records.

HIPPA has stringent rules on when providers can share the treatment information of a patient. This law endeavors to assist people in receiving better care in the knowledge that their information will remain confidential.

Consolidated Omnibus Budget Reconciliation Act (COBRA)

The Consolidated Omnibus Budget Reconciliation Act enables people and families to keep group medical insurance in place for a specific duration after a change in employment for covered reasons.

As private medical insurance is commonly provided by an employer, an individual who loses their job may find themselves and their family suddenly without medical insurance.

COBRA laws make it necessary for the employer to continue to keep the employee on the group plan for a specific duration after their employment ends.

The coverage provision is at the employee’s own expense. While people electing COBRA may have to bear the premium costs, this law enables them to keep their medical insurance in place as they undergo a personal change or seek new arrangements.

Patient Protection and Affordable Care Act

The Patient Protection and Affordable Care Act of 2010, also known as the Affordable Care Act, expands the eligibility for Medicaid eligibility and is funded by increased taxation for high-income earners. Insurers must accept all applicants under this act.

On the other hand, all citizens must buy insurance. Healthcare insurers cannot discriminate based on pre-existing conditions, and they must charge uniform prices irrespective of an individual’s health history. Consumers may be eligible for premium subsidies based on income.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Franchise law refers to the body of law that governs the creation, operation and ending of franchise relationships.

Franchise law cover laws and regulations at all levels of government that control how businesses and individuals may enter into franchise relationships.

Franchise law attorneys help clients to comprehend and comply with these laws. The practice of franchise law may also include the enforcement of these laws or advocating for changes to the existing law.

What is a franchise?

A franchise involves the legal use of another company’s business secrets, copyrights, and other business identifiers. A franchiser allows the use of these items for a fee.

The franchisee uses these items to establish and operate a business. While the consumer may see franchise locations as very similar, every location is owned and managed by a local business owner.

The three defining characteristics of a franchise are as follows:

The franchisee is eligible to use the trademarks, name, logos, and products of the franchise.
The franchiser receives payment from the franchisee. Usually, the franchisee pays a percentage of their total income to the franchise as royalties.
The franchiser has a significant level of control over the manner in which the franchisee runs their business.

Where does franchise law originate from?

Franchise law is an amalgamation of federal laws and regulations, state law and common law. As many franchises operate in more than a single state, there are robust federal laws that control franchising in the US.

A few states augment federal laws and regulations by adding state law.

The federal and state laws that control franchising do not override common laws that may be applicable to franchise businesses. Common law that encompasses fraud, contracts, employment, and other business-related topics are still applicable to franchise businesses.

Franchise lawyers must navigate a multitude of laws, regulations, and common laws that prevail at all levels.

Lawyers that work on behalf of the franchise may need to be knowledgeable about the laws of many states to conduct business. In addition, certain franchise business provides franchises in various countries.

Franchise lawyers may need to understand the laws of these nations and work effectively with attorneys in these nations to help the franchise expand into new regions.

Federal Franchise Law

Federal franchise law originates from 16 CFR parts 436 and 437. This law requires franchisers to provide franchisees with information that they require to determine if the franchise is a viable business investment. Franchisers must offer prospective franchisees details on various topics including:

The owner of the franchise, their parent company, and affiliates
Information on bankruptcy
Start-up cost estimates
Limitations on the business
Obligations of the independent business owner
Assistance given to owners
Advertising provided
Territorial rights and restrictions
Names of celebrity endorsers
Procedures for dispute resolution
Optional financial performance representations

What kinds of legal issues occur in franchise law?

Franchise law may encompass various topics. The topics that may arise in franchise law are as follows:

Securities
Contracts
Fraud
Copyright
Trademark
Litigation
Employment
Advertising
Torts
Dispute resolution

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Food law refers to the collection of laws and stipulations governing food production, distribution, and consumption. The objective of food laws is to protect consumers and create efficient growth and use of food in the US.

Food lawyers are focused on assisting clients in complying with food laws and regulations. Additionally, they may work with government agencies to make and enforce food laws and policies.

Food Laws Cover Various Topics

A majority of individuals understand that food laws govern tariffs on agricultural imports, pesticide use, and restaurant cleanliness.

However, food law also encompasses other topics that some consumers may not have considered. For instance, the Food and Drug Administration controls the manufacturing of bottled water.

Food laws control what supplement producers can claim regarding the effectiveness of their produces. The U.S. food stamp program comes under food law and is managed by the U.S. Department of Agriculture. Food laws can also cover areas of constitutional law such as whether the federal government can legally control local farm production.

Where do food laws come from?

Food laws exist at the federal, state, and local levels. The federal government creates laws such as the Food and Drug Administration Revitalization Act.

The Food and Drug Administration (FDA) is a body through which the federal government develops further regulations and takes steps to enforce federal food law. Additionally, extensive state laws also exist. These laws govern areas such as distribution, packaging, adulteration, and fraud in the food industry.

Food attorneys assist their clients in complying with food law

A food lawyer helps their clients comply with food laws based on a thorough understanding of their client’s business operations. A restaurant has a different set of laws and regulations to follow in comparison to, say, a meat processor and distributor.

Similarly, a farmer will need to follow a different set of regulations in comparison to a store owner who will need to comply with laws pertaining to food assistance. An understanding of what laws are applicable to the client’s industry and activities is important to be able to meet the client’s needs.

The Food and Drug Administration

The U.S. Food and Drug Administration is the federal body that has the authority to regulate food safety. The FDA was created in 1938 by the United States Federal Food, Drug, and Cosmetic Act. In response to the death of 100 people from a medication, Congress passed the U.S. Federal Food, Drug and Cosmetic Act.

The Act governs food, dietary supplements, and food additives and creates laws that regulate food-related activities. It instates civil as well as criminal penalties for federal food law violations.

Food law and the Legal Profession

Federal, state and local laws control the production, distribution, marketing and consumption of food. Food laws impact around 25 percent of the United States economy.

Food law means understanding what laws exist and developing a plan to comply with them for businesses in the food industry. Food attorneys assist their clients in conducting business in a legal and efficient manner.

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Firearm law combines laws, regulations, and public policy that regulate the production, distribution, and sale of firearms in the US. In general, guns are legal in the US.

However, there are exceptions to the rule and firearm law remains mired in controversy. Firearm law dictates who can manufacture or purchase a gun and under what conditions. These laws exist at the federal as well as state levels in the US.

Experienced lawyers at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding locations.

The Second Amendment

American ideology related to the rights of the government and individual make owning and possessing a firearm a fundamental right, and this is stated in the US constitution as well.

According to the Second Amendment to the US Constitution, the right of people to own and possess firearms cannot be violated. Furthermore, the law states that a regulated military is vital to a free society.

While the Second Amendment safeguards an individual’s right to own and possess firearms, this is right is not unquestionable. There are restrictions on who can own a firearm, the types of firearms a person can own, and where they may keep their firearms. In the US, fugitives from the law cannot purchase a firearm.

Furthermore, a convicted felon punished by two or more years of imprisonment cannot own a firearm. Specific domestic violence convictions can make an individual ineligible for firearm possession as well. People who are involuntarily mentally committed are also forbidden from owning or possessing a firearm under the law.

US Firearm Laws

National Firearms Act of 1934: This act taxes the production and transfer of firearms and establishes registration requirements for specific firearms.

Federal Firearms Act of 1938: Commercial firearms dealers are required to have a federal license. In addition, the law prohibits sales to felons.

Omnibus Crime Control and Safe Streets Act of 1968: A person must be a minimum of 21 years of age to purchase a handgun.

Gun Control Act of 1968: Bans the interstate sale of guns, other than by licensed dealers.

Gun Free School Zones Act of 1990: Disallows guns in school zones with certain exceptions.

Brady Handgun Violence Protection Act of 1993: Requires a background check to be eligible to purchase most firearms.

Federal Assault Weapons Ban: Prohibits semi-automatic weapons that appear similar to assault weapons. It also bans large-capacity devices.

Protection of Lawful Commerce in Arms Act of 2005: Shields manufactures and sellers from liability in case a crime occurs with firearms produced or sold by them.

State Firearm Laws

Typically, state firearm regulations involve concealed carry laws and criminal laws. In a majority of states, there are a very limited number of criminal laws applicable to weapon use. Some crimes may involve displaying a firearm or possessing a firearm as a convicted felon.

States usually implement these laws through a county prosecutor or district attorney who has the power to prosecute contraventions in their jurisdiction. A conviction may include jail or state prison time, probation, fines, restitution, and other penalties.

The team of lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Derivatives and futures law encompasses the regulation of derivative markets, including futures, and swaps. This body of law focuses primarily on finance, and those interested in this area should evaluate taking finance courses while working towards their law degree.

The derivative business is dynamic, and due to this, the laws dealing with this type of business are ever-changing as well.

Judicious lawyers at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding locations.

What does this Practice Involve?

A futures and derivatives law practice involves the knowledge of various disciplines pertaining to financial markets, which reflects the wide range of participants and products in this area.

Attorneys practicing in derivatives and futures law work with banks, broker-dealers, insurance firms, commodity advisers, investment advisers, hedge funds and private equity funds, clearing corporations, securities and futures exchanges, pension plans, and any commercial entity that is the “end-user” of these instruments.

Products may be employed to hedge, manage, or speculate a wide array of risks such as equities, energy, interest rates, agricultural, credit, weather, and currency among countless others. These products are usually customized to meet the specific requirements of the end-user.

All of these products and participants are governed by various federal, state, and foreign laws depending on the nature of the business (such as insurance, or banking), nature of the product (such as commodities or equities), and nature of the transaction (such as trading or sales).

Focus on All Facets of the Market

Savvy law practice in this area addresses the transactional as well as the regulatory facets of the market. The transactional facets require expertise in the design, documentation, and negotiation of the product to accomplish the desired commercial goals while simultaneously optimizing the applicable regulatory treatment.

The regulatory practice encompasses all aspects ranging from the securities and commodities law, tax, ERISA to bankruptcy treatment.

As a consequent of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act in 2010, the regulatory environment is slated to experience rapid and extensive changes.

Lastly, expertise may also depend on the context in which the matter arises, for instance, the underlying business (such as insurance, energy, municipal finance, etc.) or in business fraud, litigation, corporate mergers & acquisitions, and securitization.

Role of a Lawyer in this Area of Law

A lawyer can be on either side (sell-side or buy-side) and work with the client on deal structure and regulatory issues. In this case, a lawyer may need to work on a project to develop a derivatives product and will draft materials on various aspects of the new derivative.

Summarily, regardless of whether the attorney works towards addressing the legal requirements of an insurance firm, commodity adviser, bank, investment adviser, clearing corporation, securities and futures exchange, or a pension plan, these transactions may be complicated and unique.

Futures and derivatives law attorneys must work in a complex and dynamic regulatory environment to accurately advise their clients in the post-Dodd-Frank age.

Dedicated attorneys at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
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Defamation Law

Defamation law pertains to communications affecting the reputation of another individual. Defamatory speech is a communication that may adversely affect the reputation of another person.

Defamation law protects people from having their lives or careers devastated or majorly altered due to false statements against them.

But, the law still offers a person protection under the First Amendment right to speak their mind without being liable for making an insulting remark or mistake or disagreeing with another person. Defamation law is a part of law that seeks to safeguard the reputation of a person by preventing unfair speech that might adversely impact an individual’s reputation.

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Defamation Law is Mainly State Law

Defamation laws exist by common law as well as by statute. Many states have defamation laws that are included in state law, and this law is mainly state law. While every state drafts their own defamation laws, some facets of these laws that are common to all states are as follows:

Types of Defamation

The two types of defamation are libel and slander. Defamation that is written down is called libel while slander refers to spoken defamation. In general, the law perceives libel as more damaging compared to slander.

Libel is written, and therefore it can be reread and transmitted again. On the other hand, slander may not have a long-lasting or ripple effect that may occur with libel.

What Elements comprise a Defamation Case?

The key elements of defamation laws are:

A person issues a statement
They publish the statement to a third party
Their statement leads to injury
It is a false statement
There is no privilege offering protection to the statement

Defamation Law typically involves New Issues of Law

Defamation law is an evolving area of law, and it continues to change and expand with new ways of communicating using social platforms and the internet. For instance, digital reviews are a more recent area of discussion in defamation law.

Attorneys are continually involved in the debate between free speech and the right to be free of perjured and untrue statements about an individual or an organization.

Defamation attorneys frequently work on unique cases that may involve an issue of first impression. This area of law offers new and challenging cases for lawyers who enjoy engaging in the extraordinary.

Defamation Law is Civil Law

Defamation law is civil law as there is no crime for defamation or police involvement. Rather, a victim of defamation must prepare a case and file it in court as the plaintiff in the case. While defamation involves civil law, words can still be tantamount to crimes on occasion.

If a person issues defamatory comments regarding an individual’s reputation repetitively, it may amount to harassment and stalking under state law.

Defamation attorneys are litigation lawyers, and their practice includes sending cease and desist letters. They are experienced in drafting lawsuits, responding to request for discovery, and even presenting the matter in front of a court.

Committed attorneys at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

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Copyright law refers to the area of law that protects the rights of artists, authors, and innovators to profit from their work. The purpose of this law is to encourage the development of innovative works.

Experienced attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding communities.

Protections under Copyright Law

Copyright laws protect the rights of individuals who create artistic works ensuring that they are the people who profit from those works. This law safeguards various creative works, such as:

Written papers and poems
Books
Sound
Art
Music
Singing
Video recordings
Movies
Sculpture
Theater and drama
Architecture
Derivative works of any of the above

Copyrights are distinct from patents as they protect creative works while patents safeguard technologies and discoveries.

How do you get a Copyright?

Copyright is automatic in the US. The individual producing the creative work is the person who has the right to profit from it. The creator does not need to formally register a copyright with the United States Copyright Office to receive a copyright.

But there are reasons which may encourage a creator to undergo the process to register their copyright. Upon registering their copyright, a person has prima facie evidence that their copyright exists.

If there is a violation, the creator can also seek statutory damages as well as lawyer fees that are not available to them if they do not register their copyright.

Available Remedies for Copyright Violation

Monetary payments for a reduction in profits may be a penalty for a copyright violation. Penalties may also include receiving the injunctive relief that disallows the offending behavior from continuing.

Sometimes an individual who violates copyright might also have to turn over the equipment they use to create illegal copies such as copying machines or other tools.

Copyright Law is both Criminal and Civil

Clients facing criminal, as well as civil violations allegations, may work with copyright attorneys. Federal prosecutors can prosecute deliberate violations of copyright law.

They possess prosecutorial discretion meaning that they can decide whether or not to bring a criminal action for a possible copyright violation. If the prosecutors do not bring criminal prosecution, the individual holding the copyright can still start their own civil litigation.

Common Issues in Copyright Enforcement

Employer and employee disputes: When an employee is the creator of a work, conflicts can arise regards the ownership.

Joint authorship: When more than one individual create a work and wish to control it.

Conflicts on whether the work is eligible for copyright protection

Disputes on whether a new creation falls under the purview of the Fair Use Doctrine

Debate on whether a work is still protected under copyright

Questions on the originality of the work contextual to a copyright claim

Registration concerns and assistance

Execution of actions for copyright violations

Challenges in providing proof of lost sales and other damages due to violations

Copyright Laws and Emerging Technologies

Attorneys practicing copyright law must understand how emerging technology impacts these laws. Today, new technology has made it easier than ever to record a work. It has also become very easy to violate copyright. The copyright attorneys of today must develop ingenious ways to detect and enforce copyright violations.

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Contract law refers to an area of law that relates to creating and enforcing agreements. A contract is a legally enforceable agreement, and contract law is the body that governs the creation and implementation of contracts. It also offers a fair solution in case of a breach.

Contacts can be used by both corporations and consumers when they purchase and sell products, license activities or products, create employment and insurance agreements, and more. They lead to smoother transactions and no misinterpretations, helping both parties have better clarity on the transaction terms.

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Mutual Intent to Enter into an Agreement

A valid contract requires that most parties must intend for the contract to be binding. The parties may not have a mutual agreement to enter into a contract if a document states that it is only a statement of intent, such as verbal agreements between friends.

In general, a promise or an offer of a reward in exchange for specific behavior is an enforceable contract with the individual who performs the activity, for instance, the person offering information in return for an advertised reward can seek the enforcement of the reward.

Conversely, an advertisement is not a contract unless it has an additional, individualized invitation from the seller to the buyer to purchase the product.

A contact can be implied. For instance, a patient has an implied contract with the physician who treats them to pay a reasonable fee for their services.

Breach of Contract

In case of a disagreement on the terms of a contract or a breach of contract, the parties may turn to a court for dispute resolution. The party that seeks damages must prove the existence of a valid contract. On top of this, they must convince the court of the availability of a suitable remedy.

Remedies for Breach of Contract

Among several remedies, the most common remedy for a breach of contract is compensatory damages. These are the actual financial losses that a party incurs due to the breach of contract.

Liquidated damages are those damages that the parties agree to beforehand in case a breach occurs. The aggrieved party can still win a small amount of damages, known as nominal damages, when a breach happens without any actual damages.

Sometimes, a party acts in a poor and inexcusable manner to contravene a contract. In such cases, the court may award the aggrieved party extra damages known as punitive damages.

But it is a rare occurrence as is the court ordering the parties to perform the contract. This may happen in lawsuits where the compensatory damages are insufficient, such as in a contract of sale for a unique and exceptional item.

Emerging Issues in Contract Law

Similar to any other area of law, contract law also grows and evolves. In the past few years, the acceptability of electronic signatures on a contract has become a pertinent and disputed matter in contract law.

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