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Does it affect a defendant's sentencing if the judge prosecutor public defender and the defendant do not sign a plea bargain contract?
Wiki User
∙ 14y ago
Contrary to popular belief, there is no such thing as a plea bargain "contract." The offer of a plea bargain is made between the prosecutor and the defense attorney. The judge is not involved in this 'bargaining process' and in some cases may not agree with it, and is not required to follow the result suggested by the prosecutor.
Wiki User
∙ 14y ago
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Can a general release signature release a defendant from specific charges such as breach of contract?
You need to have the original contract and the general release signature release reviewed by an attorney to determine if that release does indeed release you from the obligations in the contract. If you are already a defendant in a breach of contract suit then you need to consult with an attorney.
What are the elements of the tort of intentional interference with contractual relations?
Intentional interference with contractual relations occurs when the defendant directly persuades a third party to breach a contract with the plaintiff. There are four elements: 1. The defendant must know that the contract exists, but they do not have to know the details. 2. The defendant must intend to cause the third party to breach the contract, but they don't have to intend to harm the plaintiff. 3. The defendant must actually cause the third party to break the contract. This is distinguished from simply encouraging the third party to breach the contract. 4. The plaintiff must suffer a loss as a result of the breach.
Intentional interference with contractual relations requires a showing of bad faith before liability can be imposed.?
Yes, for example in the Lumley v Gye case, the plaintiff's claim that the defendant had caused a third party to breach a contract with the defendant was rejected on the grounds that the plaintiff had acted in good faith. Meaning the defendant did not intend for any contract to be broken.
Can you insure breach of contract?
There are insurance programs offered that provide plaintiffs or defendants involved in contract suits insurance coverage after a litigation has been filed. The program is called Contract Litigation Insurance and was created by Sonoma Risk Insurance Agency.
Whom can a bank name as defendant and collect from if a partenership restaurant business fails?
Any signer on the contract. Run.
What is the difference between an affirmative defense and a denial?
A denial does just that it denies the Plaintiff's allegations and the burden of proof is still on the Plaintiff to prove the prima facie case.An affirmative defense does not deny the allegations but asserts a defense that would negate the legal effect of the Plaintiff's cause of action. The burden of proof in an affirmative defense is on the Defendant.An example would be a breach of contract case. The Plaintiff claims that he had a contract with the Defendant, and Defendant did not perform the contract. A denial would say "We never had a contract" and the Plaintiff would have to prove the existence of a contract. An affirmative defense would say "Yes, we had a contract, but that was 20 years ago thus the action is barred by the 10 year statute of limitations." Then the burden of proof is on the Defendant to show that the contract falls outside of the statute of limitations period.
What Two key people are required for every contract?
The promisor and promisee. What could potentially be the plaintiff and defendant in civil litigation for breach of contract. There must be mutual assent by the parties and there must be an offer and acceptance.
Is a contract valid if forced to sign?
If you are in an at-will employment state, than probably yes, depending on state statutes. However, if you happened to sign the contract, the contract would probably be held unenforceable because it was signed under duress. To form a contract there must be mutual assent, which essentially means that the parties to the contract must actually agree to the terms and must actually want to enter into a contract. No one can ever force you to enter into a contract.
What elements of newt gingrichs contract with America did president Clinton adopt?
welfare reform, money for law enforcement, stiffer sentencing for criminals, a balanced budget, and a reduced federal deficit
What elements of Newt Gingrinch's Contract With America did President Clinton adopt?
Welfare reform, money for law enforcement, stiffer sentencing for criminals, a balanced budget, and reduced federal deficit
What is pre contract of expenditure?
The ordinary method of compensating Is plaintiff In an action for breach of contract is to put him in the position he would have been in if the contract is had been performed by giving him the" Value of what the defendant promised to confer on him-His expectation interest. The Court may.On the other hand seek to put him in the Position he would have been in if he had never entered into a contract with the defendant by restoring to him those expenses incurred in reliance on the defendant`s promise to perform-hus reliance interest. The English Courts have paid a little heed to the difficulties created by alternative modes of compensation. It is to be regretted there fire that in that case in which Such difficulties were very much to therefore,the the court if Appeal didn't see fit tho resereve Judgment And more Fully consider To the Questions.
Can a debt buyer sue in Georgia if they are not registered in Georgia?
Generally speaking - Yes. The Interstate Commerce Clause of the US Constitution allows companies such as debt buyers and credit card companies to sue in states where they are not registered so long is their only "contact" with that state is through interstate commerce. The fact that a company is not registered in the state where the Defendant resides does not affect the validity of any contract entered into between that Defendant and the Company. Remember, when you are sued by a debt purchaser/credit card company - they are suing you based on a breach of contract, NOT an open account. By signing the contract, the Defendant is agreeing not to default on his/her payments. Thus, unless the particular state has some exception for debt purchasers - they can sue a Defendant in his or her home state without being registered in that state.
