2013-10-17 / Letters

Bradford County Commissioner Praised

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Contract law is very strong

Contract law is very strong in PA, stronger than environmental and social welfare laws. Maybe if they were more in balance we wouldn't have the mess we have. Contract law assumes that the signers are grown ups who have done their due diligence. Contract Law is based on the freedom of the individual to make their own deal without a "nanny" government. You can't have it both ways, less government for corporate welfare AND have the government look out for your individual welfare in regulating the business deal you freely made with the gas company. Regulations are supposed to keep people and corporations honest, not create inequity and loopholes for some and not others. Maybe Doug McLinko should think through the consequences of his ideology. Maybe we need less ideological tantrums and more responsibility and accountability in our nation at this time.

To give excuses for knowingly

To give excuses for knowingly trying to screw hard working Americans is NOT what was meant when this law was enacted! It is also a fact that an ORAL AGREEMENT is JUST as strong as a written! 1. CONTRACT FORMATION A contract requires an offer, acceptance. something of value bargained for, also called consideration or bargained for exchange, plus reasonably specific terms. Offer. Let’s start with the offer. An offer is an objective manifestation of an intent to be bound to an agreement. You going to Walmart, setting a TV on the checkout counter, and handing over your credit card may suffice. But not you saying to the Walmart rep, hey, would you take $600 for this $650 TV? Acceptance. The offer is accepted via the communication of an intent to be bound in a manner consistent with the offer. If you set a TV on the counter of Walmart, and the clerk runs outside and puts a note on your car, saying ”We accept!” that will not suffice. You wanted to know before leaving the store whether you a deal. Fortunately, you don’t have to read each other’s minds. Courts look at the objective implication of the parties’ conduct. In Walmart, your offer implied a certain way to accept: by ringing you out at the register, not putting a note on your car. That example sounds silly, but it illustrates an important point. In Pennsylvania, a contract to settle a multi-billion dollar lawsuit does NOT need to be in writing, and hence, many times, during negotiations, one party may think he has a deal, when the other disagrees. Plus, these fast-paced times, texts and emails play a massive role in negotiations, the courts are frequently called upon to resolve whether an offer has been “accepted” when one party hit “send.” 3. WHO IS IN BREACH? Some breaches are OK, if immaterial to the overall transaction. However, some breaches go to the essence of the agreement and are considered a ”material breach.” Those are more serious and allow the non-breaching party to sue for damages. But here, you have to be careful, if your opponent has only committed a minor or immaterial breach, your attempt to set aside the contract could, by itself, constitute the material breach. For this, you should talk to a lawyer ASAP. 2. ORAL CONTRACTS VERSUS WRITTEN CONTRACTS Allow us to clear up some term terminology, first. Oral contracts are sometimes referred to as “verbal contracts” or “verbal agreements,” but that’s not technically correct. “Oral” means spoken; verbal is anything involving words, something “verbalized,” and you can verbalize in writing or through speech. OK, with that out of the way, when does a contract have to be in writing? The truth is, not very often. As mentioned above, an oral agreement will suffice to settle a multi-billion dollar lawsuit in Pittsburgh, Pennsylvania. In fact, in PA, most oral contracts are enforceable. The only types of contracts that must be in writing are those involving: the sale of an interest in real property (land and buildings), the sale of goods in excess of $500 (if it falls within the Uniform Commercial Code or UCC), leases of real property in excess of one year, residential construction and home improvement contracts, and certain other specific types of agreements. What type of agreement does not need to be in writing? There are many. These include contracts for any type of service (everything from car washes to agency agreements), the sale of goods that fall outside of the UCC, settlements of lawsuits, landlord-tenant leases and agreements capable of performance within a year. Most often, the issue with oral contracts is proof. However, a trial lawyer worth his salt can help you explore every option to maintain or defend a claim regarding an oral contract. This is where experience and deep knowledge of the rules of evidence and procedure can carry you a long way. Call any time for a free consultation: 412.780.0008 4. DAMAGES RECOVERABLE Let’s say the other side has materially breached and it’s clear: they failed to pay you for services, or they performed services and damaged your property. Now what? In contract law, you can sue for the benefit of your bargain, meaning, if someone agreed to sell you a near-new Mercedes worth $30,000 for only $10,000, then breaches the agreement, you can sue for $20,000 (the benefit of your bargain), but not for the car, itself, unless it is so unique it cannot be replaced. Few things meet that standard, except for land (no two parcels are alike, or a rare painting). Can you sue for punitive damages or attorney fees? You can also sue for consequential damages, certain out of pocket expenses to repair or fix something to deal with the consequences of the breach, but not for attorney fees, punitive damages, stress, lost wages (unless its an employment contract), inconvenience, or pain and suffering. Those things are not recoverable for a breach of contract, but you may have a separate claim for fraud, a total scam, or recklessness. Or, if your insurance company has failed to pay your claim properly, you may have a claim for bad faith. Rescission is always available to those who have been defrauded by false representations. A contract can be rescinded. Fraud in the inducement of a contact is where a party knowingly or recklessly makes a false statement to someone and that entices the person to enter into an agreement that he otherwise would have declined. Fraud during the performance of a contract, however, may not be actionable as the gist of your claim may be for breach of contract, not fraud, and thus you may only receive breach of contract damages, not those recoverable for fraud, such a punitive damages or attorney fees. If your contract involved consumer goods or services, the other party’s breach may trigger the Unfair Trade Practices and Consumer Protection Law, which may entitle you to an award for treble (or triple) damages plus attorney fees, if the other party had engaged in deceptive practices. Call any time for a free consultation: 412.780.0008. http://pittsburgh-litigation-lawyer.com/pennsylvania-contract-law-the-ba...



George, Doug cannot leave

George, Doug cannot leave Bradford County until he PROTECTS the landowners of their rights. Yes I think Doug should consider running for an Office in Pennsylvania! I never believed Doug would hold true to his words after our lengthy angry conversation over the phone, a few years ago!! It sickens me how all Companies and Politicians want to find a way to SUCK more money out of landowners! Yes people in the community should be angered a lot of that money would have been spent IN Bradford County!!! This will ALL trickle down! All of this is so sad! We all wanted Chesapeake to live up to their promise! They are idiots using Enhancements as a way to Rape Landowners! Our law was written to protect the Landowners; Chesapeake is a lying , disgraceful , stealing Company! It just shows how EVIL and just plain MEAN some have become, it seems it is always the ones with the money that get their way! I believe Yaw and Corbett should be the ones to pay for any lawsuit; This was done ON their time clock! Where do YOU think I am going to get the money to sue a gas company? I believe THEY should have to pay all the taxes landowners are unable to payback! Which I plan on sending to them! Urging ALL other Land owners to do the same!!!!!They allowed the people to be screwed yet again and THEY need to to FIX it RETROACTIVELY! I do not want to keep hearing they cannot do anything that is bull Crap and they know it! Govoner and Yaw these companies are in BREECH of their contract; it is up to YOU to enforce that law! I want my money OR I want them OUT from UNDER MY PROPERTY; I urge everybody else to do the same! I have made NOTHING from this, they took it all back and destroyed everything WHY would I ever want them to stay here! Chesapeake has created a lot of HATE and ANGER and it NEVER had to be like this! It would just be nice to be treated the way OUR Contract was interpreted VERBALLY and WRITTEN to my husband and I! Yes I would definitely Vote for Doug! Doug has the ability to work with people as opposed to the problems in our Politicians today! Whom should ALL be thrown out of office! I believe Doug would be a Politician that would hold up to his word! I do Thank Doug tremendously as well as the people fighting beside him! Thank-You Darlene

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