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Michigan General Practice Recent Legal Answers from Lawyers

Michigan General Practice Recent Legal Answers from Lawyers

Vehicle title

Answered a month ago by attorney Bruce Robins   |   1 Answer
The friend has materially breached his contract with your daughter-in-law by failing to pay the remaining $410 he owes.  Your daughter-in-law has the option of rescinding the contract, i.e. taking back the car and refunding the $90 (she would then probably hav e claim against the friend for the rental value of the car for the time he possessed the car) or suing him for damages, i.e. the $410 he owes plus interest from the time it was due.... Read More
The friend has materially breached his contract with your daughter-in-law by failing to pay the remaining $410 he owes.  Your daughter-in-law... Read More

Do I have the basis to file a lawsuit?

Answered a year and a month ago by attorney Bruce Robins   |   1 Answer
I assume that there is something illegal or improper about driving a vehicle 3 miles with only a level 1 permit.  If so, you have the basis to complain to the officer's superiors, but you have suffered no damage and thus I don't see a basis for a suit.
I assume that there is something illegal or improper about driving a vehicle 3 miles with only a level 1 permit.  If so, you have the basis to... Read More
I think the first relevant question is who hired the caregiver?  If the Guardian made the contact, and ultimately the contract, to retain the services of a caregiver, then the caregiver should look to that Guardian for payment of the expenses.  It should be up to the Guardian to make sure that they have sufficient resources available, whether government funding, health insurance, or private funds to satisfy any care obligations they might have ordered.  The Trust may eventually pay for the services but the Guardian should have had contact with the Trustee to verify that those funds were or are available for care. If the Guardian refuses to pursue the funds necessary to pay for the claim then the next step would be to file a petition or claim in the controlling probate court.  The probate courts are generally helpful with encouraging their guardians to satisfy their obligations.  The Court may even go so far as to require that the Trust come forward and justify the refusal to pay or it may force the Guardian to seek out and become the payee for government funds such as social security etc. Chuck Penzien www.penzienlaw.com... Read More
I think the first relevant question is who hired the caregiver?  If the Guardian made the contact, and ultimately the contract, to retain the... Read More

What name/names should I use?

Answered 4 years and a month ago by attorney Bruce Robins   |   1 Answer
Although I am not specifically familiar with Michigan law, in general you can use any name you want, as long as you are not using a different name for fraudulent purposes, such as to avoid your creditors.
Although I am not specifically familiar with Michigan law, in general you can use any name you want, as long as you are not using a different name... Read More

Do i have a negligence case?

Answered 4 years and 9 months ago by attorney Bruce Robins   |   1 Answer
It seems like a pretty good medical malpractice case (a form of negligence), although (assuming your son will recover fully) his recovery would not be astronomical because his damages would only be a few extra days of suffering and the extra medical costs.  It would be malpractice if the doctor's failure to diagnose the problem was because he/she did not act with the ordinary amount of professional skill; it would not be malpractice if, a doctor acting with the ordinary amount of professional skill, would have missed the problem.  The fact that the second doctor did correctly diagnose the problem suggests that the first doctor screwed up.... Read More
It seems like a pretty good medical malpractice case (a form of negligence), although (assuming your son will recover fully) his recovery would not... Read More
In most cases, oral agreements are as valid and enforceable as written ones.  Only certain agreements, for example agreements to sell real estate or which can't be performed within one year, are required to be in writing.  From the little you've written, there appears to be no reason why your oral agreement would not be valid.  However, if the other party disputes that there was an agreement, or what its terms were, you would have a much better chance of convincing a court that you were telling the truth if you had some documentation.  Even without an agreement, however, you may be able to collect for the fair market value (as opposed to the contractually agreed amount) of your services based on the legal theory of "quantum meruit".  Basically, while quantum meruit cannot supercede the terms of an express agreement, where for whatever reason there is no valid agreement, and you provide a benefit to another party with their consent, you are generally entitled to receive the fair value of your efforts as compensation.... Read More
In most cases, oral agreements are as valid and enforceable as written ones.  Only certain agreements, for example agreements to sell real... Read More
Did the seller lie in any way?  If the seller lied, and you relied on that lie in entering into the contract, you may be able to rescind it.  From what you've written, however, it does not appear as if you were misled, so you probably don't have any recourse.
Did the seller lie in any way?  If the seller lied, and you relied on that lie in entering into the contract, you may be able to rescind... Read More