Sale of Goods
Every time someone buys or sells goods, there is a sale of contract. The buyer agrees to buy goods at a specified price with specified standard of delivery and at a specified time. There are numerous legal issues associated with the sale of goods. Such as merchant-ability and warranty that are the obligation of the seller.
Breach of Contract
Contract is an agreement between parties to fulfill certain promises. A contract could be oral or written. This can be a simple day to day event of buying a coffee. I pay money and expect to receive a cup of coffee with a “reasonable” standard. Failure to deliver me the coffee with that “reasonable” standard is a breach of contract. This is a Small claims court matter.
Promissory note is an enforceable promise to pay back a loan or dept. For example, you are lending $100.00 to a friend of yours and he gives you a promissory note assuring to pay back $100.00 that he borrowed from you on demand or at a specified time. The person who makes that promissory note is called the maker and the person who holds the promissory note to collect $100.00 is called the holder.
Damage to property
Damage to property could occur in many different circumstances, such as someone having the care of a property for a fixed period of time, for example, leasing or renting machinery and getting the property accidentally damaged. Second most common one is where someone carelessly operating machinery and resulting in damage to other person property.
One’s failure to protect others from any reasonable risk of harm is considered negligence. One fails to properly clean the snow in the side walk in front of his property, failing to properly secure the goods in a vehicle, failure to properly secure the property to prevent the dog attacking others and failure to screen the employees for their criminal record to prevent them from harming others.
Malpractice refers to negligence of a professional person in carrying out the standard of practice or standard of care to clients or patients. The professional becomes liable to the damage or injury caused by his or her failure to uphold the standard of care or standard of conduct. The professionals are required to carry the errors and omission insurance to meet such claims by their clients or patients.