Business Law Category

The Current Legal Issues Business Owners Need to Be Aware Of In Today's Business World

AttorneyTribe

The well-known expression, 'it's a jungle out there,' can certainly be true when it comes to legal matters. As business owners, your eye is quite rightly trained on the bottom line, but the reality is that if you don't also pay attention to legal issues affecting your business, you could end up without a company at all.

Keep on the right side of the legal tracks by taking a proactive approach:

Don't discriminate

Getting and retaining the right person for the job might sound like a no-brainer, but even in 2014 discrimination and harassment are still major problems for the US working population.

This is not only unfair, but costs business billions of dollars each year.

Check out your recruitment and promotion procedures and ensure they do not directly or indirectly discriminate.

In terms of harassment, implementing effective grievance procedures, combined with awareness training may sound like a lot of work, but will help protect you from bad publicity and costly legal bills.

Cond...

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Understanding the Basics of Vicarious Liability

AttorneyTribe

Business law covers a number of components, addressing matters for solo practitioners to small businesses to large corporations. A business law firm often specializes in some aspect of the law, focusing either on small businesses or corporations. However, one aspect of business law that extends to all businesses regardless of size, so long as they have employees, is the doctrine of respondeat superior, also known as vicarious liability.

The Basics of Vicarious Liability

Respondeat superior is a doctrine that allows an employer to be held liable for an employee’s actions. If this happens and you as the employer are found liable, it can go very badly for you as regards fees and fines.

However, in business law, the doctrine of respondeat superior is more complicated than just an assessment of whether you hired someone to do a task. In fact, in most jurisdictions, two separate tests or a form of these tests must be satisfied. The first test asks whether the employee is actually an...

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What Constitutes a Material Breach of Contract?

AttorneyTribe

When you enter into a contract and the other party fails to fulfill their obligations as stated in the agreement, a breach of contract has occurred. In these situations, you may be able to pursue legal remedies that require the breaching party to either fulfill the terms of the contract or compensate you for any damages associated with the breach. Your legal remedies and the types of compensation available to you depend on the type of breach that occurred.

Material vs. Non-Material Breach of Contract

There are two types of contact breaches:

  • Non-material breach
  • Material breach

Non-material breaches are the less serious type of breach and are associated with a minor detail of the contact. Non-material breaches do not impact the overall outcome of the contract. For example, if a used car dealer promised that the vehicle you purchased would contain a stereo and it was delivered without one, this would be considered a non-material breach since you would still have use of a fully fu...

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