Sep 24

Breach Of Partnership And Its Legal Consequences

Sometimes a dispute between two business partners can happen especially when one of them has violated a certain agreement. In this situation, a business should be dissolved to expel a partner, unless that the terms and conditions in expulsion is included in the partnership agreement.

According to lawyers, the condition of expulsion should be addressed in all partnership agreements, allowing business co-owners to expel someone who has done something wrong against the company.

Because expulsion involves many legal issues and ramifications, here are some of the circumstances which must be considered:

“Bad Faith Expulsions

When a partner can prove to the court that his co-partners have taken advantage and violated the partnership agreement and that the expulsion is done in “bad faith”, his discharge is considered illegal.

“Illegal Expulsion

When the expulsion involves discrimination based on gender, sexual orientation, age, disability, religion, race, and national origin, the courts will consider this as unlawful.

“At Will Partnership

In this legal arrangement, the expelled partner and those who remain are not liable for a breach of contract.

“After Expelling a Partner

If there is an expulsion clause in the partnership agreement and the grounds for discharging a person is justified, a business can continue its operation even if one or more partners are removed.

“Paying the Share of the Departing Partner

Anyone who will leave the business through expulsion (if the operation will continue), should receive payment for his share. Usually, the amount will depend on the agreement which is made in advance.

“Dissolution

If a business is dissolved as a way to expel a partner, all its assets should be liquidated and distributed to pay the shares of other partners or pay the company”s debts and liabilities.
However, if the dissolution has not yet been completed,

Sep 23

Fake Hazwoper Certifications & The Legal Action To Be Taken

Ever since the big oil spill disaster at the Gulf of Mexico, there has been a dramatic surge in the requirements and demand for skilled oil spill workers. However, these workers are required to be HAZWOPER certified. And wherever there is a demand in the market, there are scammers! With the increase in the number of organizations giving out legal HAZWOPER certificates to workers for the oil spill clean up efforts, there has also been a sudden increase in the number of fraudulent organizations that either give out fake certificates or over charge their students.

There have been many complaints about companies that offer free emergency response trainings for the oil spill efforts but have withheld the certificates from their students unless a large fee was paid. In many other cases, students and applicants who underwent the trainings were guaranteed jobs at the start of the course but by the end of it, they all found themselves unemployed and desperate.

It is common knowledge that when disasters strike, fraud will always follow close behind. There is no dearth of people who are willing to make a quick buck out of a traumatic situation.

The Hazardous Waste Operations and Emergency Response Standard or the HAZWOPER Standard is compulsory for anyone who is exposed to or potentially exposed to hazardous substances at the workplace. It also includes those workers who are directly involved in the clean up operations in and around the Gulf of Mexico.

Most of these training courses are required to be free. The intensive training courses come at a reasonable fee. However, most people are not required to undergo the intensive HAZWOPER Trainings unless they belong to the category of boat captains or supervisors. Many companies that hire workers for the oil spill clean up efforts generally provide these

Sep 23

Prepaid Legal Service

Prepaid Legal Services is a corporation that provides an affordable legal service product. It is offered in the United States and Canada. It allows average Americans to defend themselves legally by creating access to the best lawyers for cheap cost. These will avoid middle class and working class people getting denied with legal help because of expensive legal fees.

A prepaid legal plan allows average class people to make small monthly payments with less than $1/day. Plus you will have a chance to communicate with the top law company and their lawyers in each state for their legal help.

However the prepaid legal plans oblige a month to month payment even if there is no service. This is to maintain your good standing and have an access for legal help if needed. It will help you get a legal help even with fighting a ticket in a local municipal law court.

The best benefit of the prepaid legal service is that you can be able to utilize top legal firms in every state based on strict guidelines and performance. It also offers a broad family plans that cover a wide range of preventive and litigation-related expenses that most average people cannot afford without a prepaid legal plan. It also offers a particular service product for small business owners professionals, truck drivers, law enforcement, and educators.

Sep 22

Legal For Trade Scale – The Best Value Is What You Deserve

When a market is established for a certain industry it needs to cater to all the segments of the buyers. And usually one of the key reason for segmentation is the price point of the product because there are people who have a limited budget who need value for money products and there are people for whom cost is not a significant consideration and the quality and even the personality of the product are the only major considerations. And when you start to evaluate the options you are likely to be somewhere in between as you certainly want great quality but you do not want to unnecessarily spend a lot as well.

Take for example the market for weighing scales. Here is where you can take advantage of legal for trade scales. On the one hand you are assured great quality because the administration certifies the quality of these scales and at the same time you get competitive pricing because these scales are in great demand thanks to a statutory requirement. And thanks to the great demand there is competition amongst the manufacturers which leads to value for money pricing.

And if you need to make weight measurements as part of a commercial process then you may be required by law to use a legal for trade scale. But even if you are not required by law, a legal for trade scale still offers a strong value proposition. When you buy one you can be sure the extra amount you are paying is for a more accurate and a more durable performance which in the long term will pay for itself and then some more.

You can buy these scales conveniently by going online. They are available for a wide variety of application that covers most imaginable needs for

Sep 21

Watch Angels And Demons Online Streaming – Download Full Movie Legally In Hd Quality

To catch up with the Dan Browns movie adaptation, watch Angels and Demons Online. It is possible with the web site that offers free movie downloads.
**To Watch Angels and Demons Online Streaming visit the link given in the end of this article.

The site gives an opportunity for movie fans to download or watch movies online 24 hours a day, absolutely free of cost. So, you can now forget about spending hard earned money on movie tickets and rentals. Just log on to the web site and download all the movies you always wanted to watch.

Angels and Demons is a follow up for the The Da Vinci Code movie, an adaptation of Dan Browns novel. The film talks about the detective adventures of a symbologist expert from Harvard Robert Langdon (played by Tom Hanks) who discovers a conspiracy to destroy the Vatican. It is cloaked in controversy that it smears the Roman Catholic Church. Watch Angels and Demons Online and learn how the mystery story unfolds.

Why waste money, time and effort on watching movies buying movie tickets and renting out DVDs when there is a web site that offers free download of all the latest movies? The web site charges a very low one time fee of $50. For this the user gets a life time right to download movies absolutely free. What is more? There is no limit on the number of movies that can be downloaded. Users can download 24 hours a day and use the sites tech support whenever there is any issue. The downloading is super fast and the movie fans using this site need not wait for long periods to download and watch their favourite movies. Watch Angels and Demons Online now.

The web site offers many advantages to its users.

Sep 20

A Critical Legal Shield Review From Someone Who Didn’t Join

Over the last couple of months, there’s been a tremendous amount of buzz over Legal Shield. If you’re thinking about joining, I want to recommend that you take a moment to read this full review first. Doing so will help you make an educated decision about the company, the product and the actual business opportunity. Before you proceed, I want to disclose that I’m not a Legal Shield distributor so you can bet that you’re going to get a third party unbiased review.

Who Is Legal Shield And What Do They Market?

First things first, if you’re looking to join the company, it’s important to know some background information. Legal shield (formerly known as Prepaid Legal Services) is a network marketing company that markets affordable professional legal services and identity theft protection. The company is based in Oklahoma and has been around for almost 40 years. Currently, the company has over 1.4 million customers in the US and Canada.

The company publicly changed from Prepaid Legal Services to Legal Shield on September 10th, 2011. Earlier in the year, Prepaid Legal Services was acquired by MidOcean Partners, which is a private equity firm based in New York. The changing of the name is said to be the first change which will be followed by other changes to re-brand the company. Another following significant change being the assigning of a new CEO, Rip Mason.

How Do You Make Money With Legal Shield?

As far as the actual compensation plan goes, the company provides distributors to make money three main ways. The first way is through personal commissions, whereby you can make money personally selling memberships to customers. The second way you can make money is through overrides earned on memberships sold through your team members. And lastly, you can build long term residual income by building a

Sep 19

Daily Mirror claim important legal costs victory in Naomi Campbell case

The Daily Mirror claimed an important victory yesterday in a ruling from The European Court of Human Rights (ECHR). The decision is likely to hasten the calls for reform of the rules governing legal costs.

In 2004 The House of Lords found that The Daily Mirror had breached the supermodel’s privacy in an article about her drug addiction. However, the supermodel’s lawyers represented her on the basis of a so called “No Win-No Fee” Agreement. As a result the newspaper had to pay legal costs in the region of 1million, which included a success fee payable to Naomi Campbell’s lawyers. The ECHR has now ruled that the 1million the paper had to pay was too much and that the Daily Mirror’s freedom of expression was violated by the legal costs it had to pay when it lost the privacy case. The newspaper will now consider a claim for compensation with the government.

The government had already published a green paper recently on reforming legal costs. This follows the Review of legal costs by Lord Justice Jackson. One of the main proposals in the recent green paper is that “success fees” will no longer be recoverable from the losing side in litigation.

This ECHR decision is likely to add to the pressure on these reforms going through sooner rather than later. It will also be interesting to see whether any parties involved in litigation seek to use this ruling to attack legal costs bills by arguing they infringe other human rights, such as the right to a fair trial.

Trethowans is a leading regional legal practice in the South of England. Our strong team of lawyers excel in their respective fields led by Commercial Services, Personal Injury and Commercial Property. Our commercial services include; property, corporate and

Sep 18

A DUI Lawyer Can Help You Through The Legal Process

Driving drunk, buzzed or blitzed is more than just a dangerous and stupid decision; it can also result in the loss of time and money, and require the services of a DUI lawyer. And because the consequence of this offense are so severe, it’s important to understand all of the legal steps that are taken to arrive at a conviction, starting with how an impaired driver ends up in the legal system to start with. Drivers who are pulled over for driving while impaired generally are pulled over by the police for another traffic offense such as weaving, speeding, erratic driving or failing to yield. Or they are involved in or the cause of an automobile accident.

Once a police officer has probable cause to pull a driver over, they can make an assessment based on the appearance of the driver to do a field sobriety test. This assessment can include the smell of alcohol on the driver, blood shot eyes, slurred speech and other indicators that the driver is driving impaired. At this point an officer has enough probable cause to warrant a field sobriety test. A driver who fails this field sobriety test or refuses to take the test will automatically, under Arizona law, lose their driver’s license for a period of ninety days.

The cost for a DUI can be extensive. In Arizona, jail time for a conviction is mandatory and repeat offenders may be sentenced to a longer jail sentence with each offense. In addition to jail time, losing a driver’s license and mandatory monetary fines, a conviction for a DUI offense also means mandatory alcohol education classes, possible vehicle confiscation and possible court ordered drug and alcohol counseling.

If you are arrested for this crime, hiring a DUI lawyer may be your

Sep 16

When It Is Legal To Kill A Home Intruder

It is the middle of the night and you hear a strange noise coming from your kitchen area. The floor creaks and you realize someone is slowly moving towards the bedroom. You are the only one home and so you know it is an intruder and that your life could be in serious danger. Did this person come for money, valuables or to threaten your life? You have no way of knowing but you can not take any chances. You grab your pistol from your biometric gun safe and prepare for the worst.

Can you legally kill an intruder in your home?
Since the laws on this vary from state to state it is best to be prepared. You do not want to find yourself in a situation like the one above and not know what the consequences are of shooting someone even if it is self defense.

For example: It is not legal to kill someone in your home even if they put your life in danger. In states where it is legal to shoot in self defense the burglar can still sue for injuries sustained during the intrusion. As ridiculous as it sounds, the law is the law and you will want to research the specific law in your state to be safe. You do not want find yourself in a predicament like this without having a plan of action in mind.

In other states, such as Texas, the general rule of thumb is shoot first, ask questions later. You can kill anyone who invades your home if you feel you are in danger. You do not even have to wait to clarify who the person is. In any case, you have got to be able to provide proof that your life was in clear danger. The

Sep 15

Legal Guardianship Entails Great Responsibility

If you are requesting legal guardianship over an individual, you need to understand that being a guardian is a great responsibility. The probate court oversees the petition process. You need to petition for guardianship with the probate court in the area where the person you want guardianship over resides.

The court where the person resides is said to have jurisdiction over the case. You need to show the person is incapacitated, that is, that the person cannot take care of himself. In many cases, adult children are finding it necessary to ask for guardianship over their aging parents who no longer care for themselves.

But realize that you will have many duties as a guardian. You are responsible for his living arrangements. You need to provide a safe and comfortable place for him to live. You need to choose a place that has the minimal living restrictions. This means if he or she can live well in an assisted living quarters, you will not be allowed to confine him or her to a nursing home.

You will be responsible for his nutrition. You have to realize that many people lose their appetite as they grow older. When elderly people do not eat regularly, they open themselves up to medical complications. There are many liquid diet supplements that are available for elderly people who forget or choose not to eat solid food. You need to meet with his doctor to find out the best source of nutrition.

Of course if you are asking for guardianship of a loved one, no one has to tell you to take good care of the person. But even the most patient son or daughter can be challenged by an elderly parent that does not want to eat, or go to the doctor, or take his

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