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Breach of Contract
Both as a business owner and consumer, the benefits and obligations of contracts you enter into can become matters of controversy. These can arise in the context of a work you contract to have performed at your home or business in the form of personal or business equipment or articles you purchase, or services you provide or have provided to you.
The idea is that contract covers purchases and sales of both goods and services. There are special laws that provide particular protection to consumers. If you feel that someone has not lived up to his or her obligations under a contract, you may have rights, and you should explore your remedies. To do that, you should consult with competent counsel at AMMIRATO & PALUMBO, LLP.
DISCLAIMER
The above information is general information only. It is not intended to be relied upon as legal advice in any particular case. Each personal injury or property damage case is specific to the individual and must be considered and evaluated on an individual basis. In order to retain the services of our firm, a written retainer agreement must be signed by both you and by a partner of our firm. Unless and until a written agreement is signed, there is no attorney-client relationship and you should not take anything on this site as advice in any personal injury matter or any other case in which you may be involved. If you have any further questions about your legal rights and remedies, please feel free to contact AMMIRATO & PALUMBO, LLP.
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Defamation
Defamation is a legal wrong, which includes libel and slander. Libel occurs when defamatory written remarks are made about a person, which are untrue. Slander, on the other hand, occurs when defamatory remarks are spoken about a person, which are untrue. The important thing to remember about libel and slander is that the First Amendment guarantees everyone the freedom of speech. Any case involving an issue of libel or slander involves a weighing of the right to the freedom of speech with the right of being secure in one's reputation. When a publication, either in written form or oral form is made that causes a stain on the person's reputation in the community, that person has the right to recovery monetary damages.
There are special laws, which control the filing of a lawsuit involving libel and slander. If a defamatory statement was made on television, on the radio or in newspapers and magazines, the injured party must ask the responsible party to retract such defamatory statements. This request must be done within a certain period of time. That is why it is important to see a lawyer as soon as one is made aware of such defamatory statements.
As in all personal injury cases, if a lawyer determines that you have a case for defamation, the necessary legal steps must be followed to arrive at remedying the results of the defamation and to obtain just compensation.
To evaluate your possible defamation case, please feel free to contact AMMIRATO & PALUMBO, LLP for a free attorney consultation.
DISCLAIMER
The above information is general information only. It is not intended to be relied upon as legal advice in any particular case. Each personal injury or property damage case is specific to the individual and must be considered and evaluated on an individual basis. In order to retain the services of our firm, a written retainer agreement must be signed by both you and by a partner of our firm. Unless and until a written agreement is signed, there is no attorney-client relationship and you should not take anything on this site as advice in any personal injury matter or any other case in which you may be involved. If you have any further questions about your legal rights and remedies, please feel free to contact AMMIRATO & PALUMBO, LLP.
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Fraud
Fraud can arise both in consumer and business transactions. It can result from a false statement of fact, a false promise to do something, or a failure to disclose a fact that is so important it would have affected one of the party's decision to enter into the transaction.
If you believe you may have been the victim of a fraud in connection with any consumer or business transaction, you should immediately seek counsel to determine what your rights are. In addition to damages designed to compensate for all of your losses, the law also provides what are called punitive or exemplary damages.
Punitive damages are damages that are in addition to damages needed to compensate you and are for the purpose of punishing the defendant. Exemplary damages is simply another name given to punitive damages which are above and beyond compensatory damages for purposes of making an example of the person committing the fraud. This is to discourage others from committing frauds.
Punitive or exemplary damages are difficult to prove, but once proven, are an effective deterrent to future of wrongful conduct, both on the part of the particular person or persons involved in your transaction, as well as to others similarly situated.
If you have any questions about whether you have been the victim of a fraud and what rights and remedies you may have, you should consult with confident counsel at AMMIRATO & PALUMBO, LLP.
DISCLAIMER
The above information is general information only. It is not intended to be relied upon as legal advice in any particular case. Each personal injury or property damage case is specific to the individual and must be considered and evaluated on an individual basis. In order to retain the services of our firm, a written retainer agreement must be signed by both you and by a partner of our firm. Unless and until a written agreement is signed, there is no attorney-client relationship and you should not take anything on this site as advice in any personal injury matter or any other case in which you may be involved. If you have any further questions about your legal rights and remedies, please feel free to contact AMMIRATO & PALUMBO, LLP.
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Misrepresentation
Misrepresentation is a variation of fraud. Intentional misrepresentation is the equivalent of a person intentionally making a false statement with the hope and intent that you rely upon it to your harm. Intentional misrepresentation can take the form of an intentionally made false promise to do something in the future with no intention of performing at the time the promise is made. Similarly, where someone, because of a relationship with the other person, has a duty to disclose certain facts and intentionally conceals them, that person can be guilty of intentional misrepresentation/concealment or fraud.
Finally, there is the variation of misrepresentation called "negligent misrepresentation." Where someone negligently makes a false statement, false promise, or fails to disclose something that they should have disclosed and had a duty to disclose, they can be liable for negligent misrepresentation. Negligent misrepresentation, though a variation of fraud, generally does not carry the same penalties that an intentional fraud or intentional misrepresentation carries. Nonetheless, you still would be entitled to be fully compensated if you were harmed by a negligent misrepresentation.
Again, you should consult with the competent counsel of AMMIRATO & PALUMBO, LLP if you feel that you may have been the victim of a misrepresentation or fraud.
DISCLAIMER
The above information is general information only. It is not intended to be relied upon as legal advice in any particular case. Each personal injury or property damage case is specific to the individual and must be considered and evaluated on an individual basis. In order to retain the services of our firm, a written retainer agreement must be signed by both you and by a partner of our firm. Unless and until a written agreement is signed, there is no attorney-client relationship and you should not take anything on this site as advice in any personal injury matter or any other case in which you may be involved. If you have any further questions about your legal rights and remedies, please feel free to contact AMMIRATO & PALUMBO, LLP.
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Ownership Disputes
Ownership disputes often arise when business partners or business associates decide to no longer work together. Usually, a contract between the parties sets forth the right to ownership that each partner or associate has, but disputes may nevertheless arise. Some of the most frequent disputes revolve around customer lists, the limitation in competition, and the ownership of assets of the business entity. The function of the lawyer is to help resolve these questions between business individuals before the dispute turns into a long drawn out court trial. For that reason, it is important that the attorney have good negotiation skills and an understanding of the structure of the contract or public entity in question so that a fair and reasonable resolution can be made between the disputing parties.
Although a contract may limit competition between two previous business associates, it cannot be exploited because the law allows each person the right to earn a living. Thus, the law has set up various perimeters regarding the length of time one may not compete, the extent of the area for non-competition as well as the use of customer lists and contacts with joint customers. These types of problems involve very emotional reactions and thus the attorney must be able to understand such emotions and at the same time be able to keep the parties focused. Contact us at AMMIRATO & PALUMBO, LLP for a free attorney consultation regarding your potential Ownership Dispute case.
DISCLAIMER
The above information is general information only. It is not intended to be relied upon as legal advice in any particular case. Each personal injury or property damage case is specific to the individual and must be considered and evaluated on an individual basis. In order to retain the services of our firm, a written retainer agreement must be signed by both you and by a partner of our firm. Unless and until a written agreement is signed, there is no attorney-client relationship and you should not take anything on this site as advice in any personal injury matter or any other case in which you may be involved. If you have any further questions about your legal rights and remedies, please feel free to contact AMMIRATO & PALUMBO, LLP.
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Unfair Competition
Unfair competition involves a myriad of problems. They include business piracy, employee theft of trade secrets, industrial espionage, and interfering with one's economic advantage. The term "unfair competition" may also include subjects such as the invasion of trade secrets, trademarks and copyrights. This area of law deals with the problem of the basic unfairness of one person's appropriating the fruits of another's labor.
The law of unfair competition applies to the individual who invents a unique product in his own garage to a large corporation who unfairly tramples over the competition in order to gain an economic advantage. Deceptive and fraudulent business practices or untrue or misleading advertising may do this. These types of offenses may be so devastating that monetary damages are insufficient. Thus, the law allows for other forms of correcting such unfair business practices, which for example include restraining orders and injunctions. Such a remedy may be sufficient in and of itself, or it may include damages as well.
If you have any questions about your potential unfair competition case, contact AMMIRATO & PALUMBO, LLP for your free attorney consultation.
DISCLAIMER
The above information is general information only. It is not intended to be relied upon as legal advice in any particular case. Each personal injury or property damage case is specific to the individual and must be considered and evaluated on an individual basis. In order to retain the services of our firm, a written retainer agreement must be signed by both you and by a partner of our firm. Unless and until a written agreement is signed, there is no attorney-client relationship and you should not take anything on this site as advice in any personal injury matter or any other case in which you may be involved. If you have any further questions about your legal rights and remedies, please feel free to contact AMMIRATO & PALUMBO, LLP.
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