Law & Daily Life - The FindLaw Life, Family and Workplace Law Blog

Recently in Contract Law Category

Can I Legally Sign With an X?

With the advent of electronic signatures, and signatures on electronic devices that in no way resemble what was intended, one has to wonder how much signatures even matter. Does it need to resemble my name? And can I legally sign with just an "X"? The answer is yes, but that's not recommended unless absolutely necessary.

If a Hotel Loses Your Reservation, What Can You Do?

New online travel agencies, such as and Expedia have made it easier than ever to plan a family vacation with one-stop shopping. Or has it?

Imagine that often unpleasant first day of travel. Arriving at your destination, you fantasize about lying down with some peaceful quiet. Everything is seemingly booked correctly, you've triple checked every detail, you swagger up to the front desk, and life suddenly takes a left turn. You're told that the hotel doesn't have a copy of your reservation. Cue ominous music ...

Is there anything better than that new car smell? And is there anything worse than a new car that spends all day sitting in the shop? Automobiles, new and used, are serious investments, which is why most states have so-called lemon laws that require dealers or manufacturers to either fix or buy back vehicles with seemingly irreparable defects. Lemon laws can vary from state to state, however, so when is it too late to bring a lemon car back to the dealer?

Here's a look:

There's a contract for everything. Or, at least, that's the way it seems. If you're watching TV, you probably have a service contract with your cable provider and you might have purchasing contract from the store you bought the TV from or the credit card company whose credit you sued to buy it. Surfing the internet on your phone? There's likely a contract with your ISP, your telephone provider, and the phone manufacturer. If you're driving to work you might have a loan agreement with a bank and a coverage policy with an insurance company. Heck, even if you're just sitting on your couch, you've either got a mortgage or a lease.

And with so many contracts floating around in so many aspects of our lives, we're bound to enter into one we don't like or find better terms elsewhere. Many of these contracts appear permanent and impenetrable. So, is there any way out of a signed contract? And, if so, when is it too late to cancel a contract?

A wrongful termination claim can encompass a wide variety of different actions. Discrimination, retaliation for reporting discrimination, whistleblowing, refusing to comply with an illegal order, and even violating an employment contract's discipline or grievance procedures, can all give rise to wrongful termination claims. What's more is that the general legal claim of wrongful termination in violation of public policy can encompass nearly any wrongful conduct on the part of an employer, so long as there is a compelling public policy reason.

Wrongful termination and employment claims are among the most risky and complex legal claims that private individuals bring against businesses. Likely as a result of that complexity and the varied outcomes that have resulted under strikingly similar facts, people often wind up holding misconceptions about wrongful termination claims. Below you'll find three of the most common myths about wrongful termination claims.

When people get married, they are entering into a legal agreement with their spouse that involves so much more than just property and assets. But when people divorce, their property and assets must be divided. How the property gets divided is generally governed by state law. However, spouses can contract around state laws using marital property agreements.

Marital property agreements are frequently the driving force behind prenuptial or postnuptial agreements. However, they can also be entered into between spouses at any time. Generally, the purpose of a marital property agreement will be to change, or convert, or just clearly identify, the character of a piece of community property into separate property, or vice-versa. Another common use is to determine how future income from separate or joint property will be divided between the community and individual spouses (such as from a retirement account or pension).

Reproductive technology has come a long, long way, and it does not seem to be slowing down. Unfortunately, the law has been unable to keep up the same pace, which has led to quite a bit of legal uncertainty surrounding embryo ownership and use.

If you are considering freezing your embryos, consider the following three legal issues before getting started.

Whether it's for Christmas, a birthday, or just because, gifting a dog, cat or other animal doesn't always end up like you see on TV. In fact, animal rights groups routinely explain that pets are not good gifts because they are living beings, not toys. Young children may not understand this, and can easily injure young animals like puppies and kittens, by being too rough with them.

Apart from the practical considerations for the gift's recipient, such as the expense and time required to take care of a pet, there are a few legal considerations. Purchasing pets can be risky and confusing, and might just involve more paperwork and legal risks than you expect.

When the only thing that you and your soon-to-be ex-spouse agree on is your love for your furry four-legged companion, deciding who gets to keep your fluffy friend can be impossible. As a result of these emotionally charged situations, people going through divorces are increasingly choosing to enter into shared custody agreements for their pets.

Under the law, pets are viewed as personal property, the same way a car, painting, or rug would be viewed. Depending on how and when the pet was acquired, most courts tend to just look at whether the animal is marital or separate property, and if the pet is marital property, then a court may look to who is the primary care-giver. However, while a court is unlikely to award pet support, awarding joint custody is not unheard of.

If you and your soon-to-be ex want to share custody of your pet, rather than let a court decide the outcome, it may be advisable to draft a written agreement, to make part of the divorce papers, that clearly spells out exactly how every situation that can arise will be handled. The following 5 tips can help you get started on writing up your agreement.

The hearts of nursing home bureaucrats are going to be breaking all over the country come November 28, 2016. That's the day the new regulation goes into effect preventing nursing homes from requiring new residents to sign agreements that contain arbitration clauses in order to move in, unless they're willing to forego receiving Federal government monies.

Arbitration clauses in nursing home admissions contracts have been so widely used that finding a nursing home without one would be harder than finding an heirloom tomato in Camden, New Jersey. This change in the law is great for the elderly moving into a nursing home after November 28. 2016. The law is not being applied retroactively.