At the Thomas Law Firm, PLLC, we also handle other litigation cases like Estate disputes that may include a Will Contest, Power of Attorney Abuse or Partition and Commercial and Business Disputes. An example of Estate Litigation is a Partition Suit; and an example of Commercial and Business Litigation is a Breach of Contract.
Partition means to separate, apportionment or distribute. It usually comes up when someone dies and leaves real estate property to his/her children. The children who now own the property, do not want to buy each other out; the property can’t be separated; at least one person demands that the property is sold; and the sale proceeds be split among the owners.
If the property can equitably divided, the Court may order that the property be split. For example, you have three owners who jointly owned 6 acres, the Court could Order that each owner get two (2) acres each.
If the Court determines that the property cannot be equitably divided, one or more of the owners may now elect to buy the other owners out or the Court could Order that the property be sold.
Other factors the Court may consider, are liens on the property, have one or more of the owners been paying taxes or upkeep of the property, has anyone been living at the property and has rent any been collected.
You have planned your wedding for over a year. And now a week away from the wedding you receive word that one of the business you hired cannot perform their part of the contract. If this happened to you or something similar, you may want to consider filing a Breach of Contract lawsuit. We will use a wedding as the backdrop to explain breach of contract.
A breach of contract occurs when one party to a contract fails to perform their obligation under the contract. There are three types of breaches: Anticipatory, Minor and Material.
You hired Caterer A to provide food and 20 servers at your wedding reception. One week before the wedding, the caterer informs you that all the servers quit, and they will not be able to hire any servers before your wedding. This is an anticipatory breach because the caterer is advising you in advance that they will not be able to have the agreed upon 20 servers.
Caterer A agrees to provide Lipton sweet tea as part of the beverages to be served at the wedding. Caterer A informs you they are going to serve Nestea sweet tea. This would be considered a minor breach.
You contracted with Caterer A to provide steak, baked chicken and shrimp as the dinner menu and Caterer A serves Chicken McNuggets as the main course. This would be considered a major breach.
Contact us today, so we can get you the damages you deserve.