Defenses to the Enforcement of a Contract

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What Arguments Can You Make to Legally Challenge a Contract?

Business people negotiating a contract

In an earlier blog, we looked at the elements that must be present to create a valid and enforceable contract—agreement, consideration, legal subject matter, contractual capacity and volition. Obviously, if you can show that one of those requirements is missing, you can challenge the validity of the contract.

There are, however, other defenses that you can raise to challenge the enforcement of a contract:

  • The statute of frauds — Every state, including Pennsylvania, has a written law known as the “statute of frauds,” which identifies those types of contracts which must be in writing. Accordingly, oral agreements may be enforceable, provided they don’t fall under the types of contracts enumerated in the statute of frauds. For example, in Pennsylvania, contracts involving an interest in real property must be in writing.
  • Mistake of fact — Suppose you agree to buy a historical artifact and it turns out not to be genuine. If the mistake is unilateral—made by only one party—the doctrine of caveat emptor (let the buyer beware) typically prevents the contract from being voided. However, if the mistake is mutual, and the mistake is about a “material” fact (one that’s essential to the nature of the contract), the agreement may be voided.
  • Impossibility of performance — If some unrelated and unforeseen circumstance makes it unreasonable or impossible for one of the parties to perform under the terms of the agreement, the courts will typically allow the contract to be invalidated without penalty. For example, if you enter into a contract to buy a used car and it is totaled before you pay for and take possession of it, the agreement may be voided and the seller won’t be in breach of contract.
  • Unconscionability — Though our legal system encourages “freedom of contract,” allowing parties to enter into agreements that may not be in their best interests, the courts still want to know that all transactions are “arms-length,” and that one party does not have grossly disproportionate bargaining power over the other.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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The Requirement of a Valid and Enforceable Contract

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The Elements that Make an Agreement Binding

Contract

In the business world and in everyday life, people make statements, offers and proposals on a regular basis. In many instances, those conversations and communications are intended to create binding commitments, but often they are not. What, then, differentiates mere words from contract? Here are the fundamental elements that must be present to make a communication or action a binding contract.

Requirement #1 — There must be an agreement—There must be at least two parties to an agreement (there may be more) and there must be an offer and an acceptance. The offer must be specific enough that the party accepting it knows that it’s an invitation to enter into a contract and understands the terms of the agreement. The acceptance must not change the terms of the offer. If it does, it is considered a rejection of the offer and a counter-offer, which may be accepted.

Requirement #2 — There must be mutual consideration—In a legal context, consideration means something of value. It can consist of something given to the other party (which is not legally required) or refraining to do something a party has a legal right to do. Consideration must run both ways. An offer of a gift generally does not create a contract.

Requirement #3 — The subject matter of the contract must be legal—The courts will not enforce agreements to engage in illegal activity and may not enforce contracts that are contrary to public policy.

Requirement #4 — The parties must have contractual capacity—Both parties must have the ability to understand that they are entering into a binding contract, and to understand the terms of the agreement. Factors that may lead a court to conclude that party lacks contractual capacity include age (minors may be able to void an agreement), intoxication and mental deficiency or incompetency.

Requirement #5 — The parties must voluntarily enter into the agreement—Contracts entered into under duress, undue influence, coercion, fraud or  misrepresentation are generally voidable.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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The Damages Available in a Wrongful Death Lawsuit

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What Losses Can You Recover after the Death of a Loved One?

available in a wrongful death lawsuitWhen a loved one has died because of the wrongful actions of another person, there’s no amount of money that can bring them back, that can make you whole. But that doesn’t mean that you haven’t incurred tangible losses, and that you don’t have the right to hold the at-fault party responsible for his or her carelessness or negligence.

As discussed in our earlier blog, before you can recover any damages in a wrongful death action, you must show that you were a real party in interest. If the lawsuit is based on a legal theory of negligence, you’ll also need to prove that the defendant (person from whom you seek compensation) acted unreasonably, causing an accident that led to the death of your loved one.

The Compensation Available in a Wrongful Death Lawsuit

When you’ve lost a loved one in an accident, you have the right to seek a broad range of damages, including:

  • Reimbursement of any funeral or burial expenses
  • Reimbursement of any medical expenses incurred by the deceased before death (that were not covered by insurance)
  • Any lost wages and income or loss of support that the deceased would have provided or contributed. For surviving spouses, the amount is calculated based on the decedent’s life expectancy. For children of the deceased, it’s determined based on the number of years the child would have been dependent on the support.
  • The value of all household services the deceased would have provided, including child care, housekeeping, yard maintenance and other tasks
  • Any loss of companionship, consortium, guidance, affection, comfort or care the deceased would have given you. These types of damages are typically recoverable only by a surviving spouse, children or parents.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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Can You File a Wrongful Death Lawsuit?

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Who Can Seek a Financial Recovery after an Accidental or Wrongful Death?

wrongful death lawsuitWhen someone dies because of the carelessness or negligence of another person, there are almost always repercussions. The person who died may have had a family, a spouse and children and many friends, all of whom feel the loss. The deceased may have provided financially for others or even been the sole breadwinner in the household. In the aftermath of a wrongful death, the law allows certain parties to pursue damages from the at-fault party. There are limits, though, on who may rightfully seek compensation after an accidental death.

You Must Be a “Real Party in Interest”

As a general rule, to qualify to file a wrongful death action in Pennsylvania, you must demonstrate that you were a “real party in interest,” someone with both a substantive right that can be legally enforced. In Pennsylvania, by law, a wrongful death lawsuit may one be filed by the personal representative of the estate of the decedent. It’s important to understand that the personal representative files the legal action on behalf of the deceased’s beneficiaries. Accordingly, to recover damages after the death of a loved one, you must be someone who was either named in the decedent’s will or who would have been entitled to an inheritance under Pennsylvania’s intestacy laws (the laws that apply to the distribution of estates when the deceased has no will or other estate planning).

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware County since 1980, including individuals with wrongful death claims. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Filing a Civil Suit after a Workplace Injury in Pennsylvania

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Is Workers’ Compensation an Exclusive Remedy for a Job-Related Injury?

workplace injury in pennsylvaniaIn Pennsylvania, when you’ve been injured in the workplace, you have a right to seek benefits by filing a workers’ compensation claim. As a general rule, there are only two requirements—you must show that you were injured and that your injury occurred on the job. You may be uncertain, though, whether a workers’ compensation is your “exclusive remedy.” Is it your only course of action after an injury on the job?

Not necessarily—Here’s how it works.

The workers’ compensation laws were enacted as the “great bargain,” intended to benefit both workers and employers. For workers, the process can be much simpler, and benefits can start much sooner. Because you don’t have to get on the court’s docket or conduct discovery, you can actually start receiving benefits within a couple weeks or so, provided your claim is approved.

For employers, workers’ compensation provides protection from unlimited jury awards, should the employer be negligent. The benefits are calculated based on prior earnings, with a cap on the amount paid out.

However, workers’ compensation is intended only to provide benefits in the event the employer or a co-employee was negligent. If the carelessness was committed by an unrelated third party, an injured worker is not limited to workers’ compensation benefits and may seek damages in a lawsuit. For example, if a worker is injured in a motor vehicle accident involving an unrelated third party, or is hurt because of the malfunction of a machine or tool, a civil suit may be filed.

In fact, an injured worker can file a personal injury lawsuit and a workers’ compensation claim simultaneously. The only restriction—you can’t recover twice for the same loss. If workers’ compensation paid your medical expenses, you cannot be reimbursed for them in a lawsuit.

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Contributory and Comparative Negligence in Pennsylvania

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What Happens When You Have Some Liability for an Injury You Sustained?

comparative negligenceWhen you have been hurt in an accident, and there are a number of parties whose actions contributed to your injuries, it’s not uncommon for the court to allocate liability and financial responsibility. But what if you were negligent and caused or contributed to the accident? How will that impact your ability to recover damages for your losses?

Contributory Negligence

For most of the history of the law of torts, the legal principle that applied when an injured party was partially at fault was known as “contributory negligence.” Under the doctrine of contributory negligence, as it evolved, a person may not recover damages for any injury if he or she contributed in any way to the accident or injury. This approach led to defense attorneys looking for any basis to allege contributory negligent, no matter how insignificant. It also came to be perceived as unfair—a defendant could be grossly negligent, but be absolved from liability if he or she could show the least amount of carelessness on the part of the injured party.

Comparative Negligence

In the early 20th century, a few jurisdictions rejected contributory negligence, replacing it with the concept of “comparative negligence.” Every state now has some form of comparative negligence statute on the books.

With comparative negligence, the judge and/or jury will make a determination of the total amount of damages/losses, as well as an assessment of the degree of liability of each party. For example, a jury may conclude that the total damages were $100,000 and that the plaintiff (injured party) was 25% responsible. The total damage award will then be reduced by the percentage of the plaintiff’s responsibility. The plaintiff will then receive $75,000 ($100,000-$25,000).

There are two approaches to comparative negligence:

  • Pure comparative negligence, where the plaintiff will always receive something, unless determined to be 100% responsible
  • Modified comparative negligence, where the injured party will only be entitled to a recovery if his or her liability is less than a fixed percentage (usually 50%). Pennsylvania is a pure comparative negligence state.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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What Can You Expect to Recover in a Wrongful Death Lawsuit?

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What If You Were Partially at Fault for Your Injuries?

How Does Pennsylvania View Contributory and Comparative Negligence?

Wrongful Death LawsuitWhen your loved one dies because of the wrongful act of another person, your losses can be many. The deceased may have been the primary breadwinner for your family, or may have been a source of comfort and guidance in your life. No amount of money can bring them back or make you whole again, but you do have the right to hold them accountable. You may be uncertain, however, just what losses you can seek compensation for in a wrongful death action.

The Types of Damages Available in a Pennsylvania Wrongful Death Lawsuit

As we discussed in an earlier blog, a wrongful death claim must be brought by the personal representative of the estate of the deceased. Parties who can seek damages in a wrongful death action include the surviving spouse, children and parents of the victim.

In a wrongful death action in Pennsylvania, qualified family members may receive compensation for:

  • Unreimbursed medical expenses—This includes the cost of all medical and hospital care required as a result of the accident
  • Loss of financial support—Anyone who can prove reliance on the financial support of the deceased can recover compensation for that lost support.
  • Loss of household services, society and comfort, including moral guidance and loss of companionship/consortium
  • Compensation for pain and suffering
  • Estate administration expenses
  • Funeral and burial expenses

Contact Barnard, Mezzanotte, Pinnie & Seelaus

At Barnard, Mezzanotte, Pinnie & Seelaus, we have fought for the rights of individuals throughout Delaware County since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.

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Can You Sue for Wrongful Death?

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Who Can Bring a Lawsuit for Damages after an Accidental Death in Pennsylvania?

Wrongful DeathWhen someone dies in an accident caused by the carelessness or negligence of another person, it can have far-reaching consequences. While immediate family members may suffer because of the loss of financial support, guidance or companionship, friends and others may feel a tremendous emotional loss as well.

In the aftermath of an accidental or wrongful death, the law provides a mechanism to hold the wrongdoer accountable—a wrongful death lawsuit. But how broad is the scope of a wrongful death action? Can anyone who experienced a loss seek compensation in court?

Standing in a Wrongful Death Action in Pennsylvania

In Pennsylvania, as in other states, a person must have legal “standing” to sue for any type of loss. To have the necessary standing, you must be considered a “real party in interest,” someone with a real and actual loss, as well as the right to enforce a claim for that loss.

Under Pennsylvania law, a wrongful death claim must be filed by the personal representative or executor of the deceased’s estate. Typically, that person will be named in the will, but the court may appoint a personal representative if there is no will. The personal representative, however, acts only on behalf of the beneficiaries of the estate. Those beneficiaries are the ones who are considered to be real parties in interest. According to the Pennsylvania Wrongful Death Act, the only individuals considered to be real parties in interest are the spouse, the children and the parents of the victim. Siblings, cousins, nieces, nephews and other family members generally have no right to compensation through a wrongful death lawsuit.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

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A Driver’s Responsibility in Pennsylvania — The Removal of Snow and Ice

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driver cleaning ice off windshield

The Potential Consequences of Failing to Clear Snow and Ice from Your Car

In Pennsylvania, as in other states, the failure to remove snow and ice from your vehicle can be the basis for liability in a personal injury lawsuit. It can also result in a traffic citation. Here’s how it works.

In most personal injury claims (such as a motor vehicle accident lawsuit), the legal theory supporting financial recovery is negligence. To prove negligence, an injured person must first show that the defendant (person alleged to have caused the harm) failed to meet the accepted standard of care. As the law of personal injury has evolved over centuries, it has been premised on the expectation that all persons will exercise reasonable care in all activities, so as not to pose an unreasonable risk of injury to others. The duty to use reasonable care applies to maintaining one’s home, manufacturing and marketing a product and driving a motor vehicle. The question that would be posed, in a motor vehicle accident claim, is whether it was reasonable to expect that the driver would remove snow and ice from the vehicle. If it was, and if the failure to do so caused or contributed to the accident that caused the injury, the driver may be liable.

In 2006, the Pennsylvania legislature passed a law that also made the failure to remove snow and ice a criminal violation. Enacted in response to the death of a woman after a huge chunk of ice flew off a semi and shattered her windshield, the law imposes a fine of up to $1,000 on any person who has snow or ice fall from his or her car and cause injury to another driver, a passenger or a pedestrian.

Contact Our Office

At Barnard, Mezzanotte, Pinnie & Seelaus, we offer experienced and knowledgeable legal counsel to individuals in Pennsylvania. To set up an appointment for a free initial consultation, call us at 610-565-4055 or contact us online.

Personal Service | Dedicated Advocacy | Cutting Edge Technology