Category: Legal
Quantum of Solace will be remembered for the growth of Daniel Craig. He looks a dozen times more menacing than Casino Royale.
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The audience feels a nervous rage when the new superstar resolves to avenge his girlfriends death. Those who have seen the movie are vouching how Daniel Craig is the most bare-knuckled bond they have seen in recent times.
Marc Forsters movie revolves around Craigs vengeance. He tracks the minefield of Dominic Greene and blasts his whole organization in the end. The movie is full of adrenalin-pumping adventure. There are motorboat-chases and gripping car-races. The movie is full of unbelievable stunts executed in a believable way. The character of Mathieu Amalric is a classic introduction. His unassuming stance places him on the mantle of great Bond adversaries.
Even the Bond girls are getting tougher. In the past, they were intended to be sweet somethings who added glitz to the movie. Today they have a role to play in the movies. Olga Kurylenko as Camille adds glamour quotient to the movie, but at the same time brings her own vendetta to the film.
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Sometimes a dispute between two business partners can happen especially when one of them has violated a certain agreement. In this situation, a business should be dissolved to expel a partner, unless that the terms and conditions in expulsion is included in the partnership agreement.
According to lawyers, the condition of expulsion should be addressed in all partnership agreements, allowing business co-owners to expel someone who has done something wrong against the company.
Because expulsion involves many legal issues and ramifications, here are some of the circumstances which must be considered:
“Bad Faith Expulsions
When a partner can prove to the court that his co-partners have taken advantage and violated the partnership agreement and that the expulsion is done in “bad faith”, his discharge is considered illegal.
“Illegal Expulsion
When the expulsion involves discrimination based on gender, sexual orientation, age, disability, religion, race, and national origin, the courts will consider this as unlawful.
“At Will Partnership
In this legal arrangement, the expelled partner and those who remain are not liable for a breach of contract.
“After Expelling a Partner
If there is an expulsion clause in the partnership agreement and the grounds for discharging a person is justified, a business can continue its operation even if one or more partners are removed.
“Paying the Share of the Departing Partner
Anyone who will leave the business through expulsion (if the operation will continue), should receive payment for his share. Usually, the amount will depend on the agreement which is made in advance.
“Dissolution
If a business is dissolved as a way to expel a partner, all its assets should be liquidated and distributed to pay the shares of other partners or pay the company”s debts and liabilities.
However, if the dissolution has not yet been completed, the “departing” partner still has the authority and the right to make decisions that will affect the business.
“Unlawful Dissolution
If there is a contract stating that the duties in the partnership agreement should be performed in a specific duration, but a partner dissolves the deal even before the period ends, his co-partners can file a lawsuit against him for breaching the contract.
“Partner Backing-out from the agreement
Under the Revised Uniform Partnership Act, a partner who wrongfully backs out from his partnership deal may be sued by his co-partners for breaching the contract. According to lawyers, most states follow this law.
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For those involved in trucking management, loose cargo can be a big deal. When there is spilled cargo on a roadway, there are boundless financial implications for trucking companies as well as the possibility of costly legal liabilities.
Loose cargo on the roadways is usually a concern for flatbed trucks. However, van trailers can experiences this issue also. Because of the loose cargo risk, a trucking company must carry liability insurance to the tune of at least $1 million. Lawyers are well aware of this legal requirement, so anytime there is a trucking accident lawsuits against the trucking company are common.
The issues of loose cargo has resulted in a new specialization in the legal field. If you do a Google search using the words “loose cargo,” you are likely to see a long list of attorneys ready and willing to represent those who have been involved in accidents with an errant freight. One lawyer in Texas has gone so far as to bill himself as the accident attorney for flatbed trailer trucks. Can you imagine the title on his business card?
After being involved in the industry for so long, I have my share of loose cargo stories. One such experience involved a driver who was transporting a load for me on a van trailer. The load consisted of steel parts that were supposed to be placed securely on pallets. The parts were heavy but were not high in volume. Unfortunately, the driver did not secure the load correctly. He took a turn off an off-ramp too quickly and the load shifted sides causing the truck to tip over. This created quick a headache for my company and quite the financial ordeal.
If you’ve done any cross-country driving or extensive interstate driving, you’ve no doubt noticed officials from the Department of Transportation inspecting big rigs on the roadside. Inspections of this nature are usually focused on equipment and freight. But oftentimes, DOT officials will issue fines for cargo that is not secured properly or other lapses in security related to hauling cargo.
Another incident I can recall involved a driver who was transporting steel coils. The driver was exiting on an off-ramp that led to another highway. Again this driver took the turn too quickly and the flatbed trailer rolled to one side and hit a concrete wall. Concrete debris flew everywhere across all lanes of traffic causing damage to more than forty cars.
Thankfully in this scenario and the previous one mentioned there were no injuries, but this type of incident is a nightmare for a trucking management company. Securing cargo properly is a big deal in the trucking industry. When done improperly, safety is compromised and legal liability is likely.
A prepaid legal plan is a scheme based on the payment in advance of a set fee to defray the cost of providing future legal services to the members enrolled in the scheme. They vary in cost, scope of legal coverage provided and how the legal services are provided. We will look at the different types of pre-paid legal plans available in the United States and how to enrol into them.
An individual pre-paid legal plan is readily accessible to the general public. There are two types of individual plans: access and comprehensive. An access pre-paid legal plan is the most basic plan. It is designed to give easy access to lawyer and a set of simple legal services for a low cost. Basic services furnished include unlimited toll-free phone access to your attorney for consultation and advice, letters written by the lawyer on your behalf, brief office consultation and the drafting or review of simple legal documents.
Complex legal issues not covered will be subject to an hourly or flat rate negotiatable with your provider
The comprehensive plan goes beyond basic legal services, to offer more complex and comprehensive coverage for a premium in cost. Generally, all the benefits of an access plan are provided at no cost to you, plus a broader range of services like drafting complicated legal documents, negotiations with adverse parties, legal representation in court cases such as divorce and child custody. They also cover all the costs involved in a legal litigation. Comprehensive plans typically start at $300 per year and are most beneficial to middle-class families.
A group legal plan is typically sponsored by an organization as a fringe benefit to its members. The lawyer or law firm contracted provides free or low-cost legal coverage to all members of the sponsoring organization. Employers, labour unions and even universities are now increasingly offering group legal plans to enhance the value of their benefits package and reduce the cost of administrative burden. Law firms are contracted to provide participating members telephone and office consultation for their most frequently needed legal matters. These typically include: Preparation of wills and trusts, document preparation and review, debt and real estate matters and family law.
Additional legal coverage can be contracted according to a fee schedule negotiable between the plan sponsor and provider, and publicised to participating members.
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