What Is A Terms & Conditions

Everyone has come across a terms and conditions policy at some point in their lifetime. It is inevitable since this policy can be found just about anywhere. Some might be wondering how binding terms and conditions are and what happens when they are broken. The terms and conditions policy is important no matter where it is found and should be followed at all times. Let’s take a deeper look at such a policy and how it offers protection for both manufacturers and consumers.

Defining Terms and Conditions

The most simple definition of terms and conditions, also known as a terms of service, is as follows: a policy that provides details regarding the rules that apply to completing a contract. Both parties involved in the contract, typically known as the buyer and seller, must agree to the terms and conditions before moving forward with the contract.

Sections of a Terms and Conditions Policy

A terms and conditions policy will typically have various sections that focus on different topics. Some of the sections you might find in a terms and conditions policy are as follows:

• Definition of key phrase and words
• User responsibilities and rights
• Accountability for actions
• Membership or subscription fees; other payment details
• Proper usage of a product or service
• Explanation of an opt-out policy
• Explanation of dispute resolution process and arbitration
• Privacy policy that explains how private data is used
• How users are notified if terms are updated or edited
• Explanation of limited liability if user incurs damages

How are Standard Terms and Conditions Enforced?

When it comes to enforcing standard terms and conditions policy there are some basic requirements that must be met. These requirements are also required when trying to enforce a contract. The requirements are set forth in the following when it comes to a standard contract:

• A meeting of multiple parties where the agreement between all involved is discussed
• An exchange of value between the parties involved that secures the deal that has been discussed

When looking to enforce standard terms and conditions policy there needs to be noticed and incorporation present. This means that a person must be given notice of the terms and conditions prior to entering into any contract. The terms and conditions must then be incorporated into the contract.

What About Online Terms and Conditions?

Terms and conditions are found just about everywhere. They are included in new patient agreements in doctor offices. They are on contracts for real estate transactions. They are also found on just about every website that is online today.

So, can online terms and conditions be enforced? The short answer is yes. Anyone wanting to operate a website should post their terms and conditions conspicuously on invoices, purchase orders, master agreements and all other written contracts.

If and when these terms and conditions are updated all parties must be notified in some form or another. This can be done using a mass email, a notice posted on the website, or included in the person’s next transaction on the website.

When trying to enforce or prove what terms and conditions were in effect at a specific time your organization should maintain a record of all changes and their effective dates.

Terms and conditions policies are common today, especially online. They include explanations for various conditions and other issues that could arise during the life of the contract.

Asbestos Litigation

Common asbestos diseases include pleural plaques, asbestosis, lung cancer, and mesothelioma. Asbestosis is a chronic lung disease characterized by slowly progressing shortness of breath and cough. Mesothelioma is a terminal cancer of the lining of the lungs in which the cells in the lining grow uncontrollably and produce tumors. Asbestos litigation is the longest running litigation in U.S. history, costing tens of billions of dollars in claims against thousands of businesses.

History of Asbestos Litigation

We know from internal documents that manufacturers of asbestos-containing products in the period of the 1940s through the 1970s understood the dangers of exposure to asbestos and not only chose not to inform employees but actively tried to keep the information from the public. The beginning of asbestos litigation was Clarence Borel’s case in 1969, which resulted in more litigation from asbestos workers, from 1,000 cases to 730,000 cases between 1982 and 2002. The complexity, large number, and time-sensitive nature of asbestos litigation means unique procedures such as inactive dockets for claimants who claim exposure but are currently asymptomatic, case management for the backlog of cases, and first in first out procedures to accelerate trials for terminally ill claimants.

What Happens in an Asbestos Lawsuit

Asbestos litigation procedures usually consist of filing a case, response to the lawsuit, discovery, depositions, settlement discussions, possible trial, verdict, and possible appeal, although many asbestos lawsuits get settled out of court without a trial. Cases that go to trial have a chance of much larger settlements, and there have been some famous high-outcome asbestos trials. Most lawyers who work on asbestos cases work on a contingency basis and only get paid with a percentage of a successful lawsuit. An experienced asbestos litigation attorney can help claimants decide whether to settle or push for a trial. A recent Mealey’s Litigation Report puts the average mesothelioma trial award at $24 million and the average settlement at $1 million to $1.4 million.

Many factors lead defendants to settle, including mounting legal fees and lack of time. While asbestos litigation most commonly results in a settlement without trial, attorneys experienced in asbestos cases will always completely prepare for trial.

References:

http://www.asbestosresource.com/litigation/

http://www.asbestos.com/legislation/history.php

http://www.asbestos.com/mesothelioma-lawyer/settlements.php

How to Avoid a Nasty Divorce

Speak with any divorce attorney, and you will soon realize the true lengths of planning that go into avoiding a bad divorce. For many individuals, the realization that a marriage is going bad can be plainly obvious, but a surprise filing for divorce by their partner can leave them unprotected.

Aside from the dissolution of your marriage, you and your spouse must decide a number of long-term issues, including ascertaining the validity of prenuptial agreements, child custody arrangements, child support arrangements, alimony arrangements, the division of assets, and responsibility for debts accrued during the marriage. With so many vital issues at stake, many couples find it virtually impossible to end a divorce amicably without the intervention of a divorce attorney.

Fault Divorce vs. No-Fault Divorce

Naturally, the levels of how bad a divorce can go include items such as financial cost, emotional distress, length of divorce disputes, and receiving unfavorable outcomes. For starters, couples seeking divorce with a reasonable level of civility should consider no-fault divorce. No-fault divorce, which is available in all states, allows the divorcing party to state a vague reason for the divorce, per the allowances of their individual state.  

In many cases, irreparable damage to the marriage, irreconcilable differences, and incompatibility are all grounds for a legal no-fault divorce. A no-fault divorce attorney can provide counsel on the methods for filing a no-fault-divorce claim in your state, which will prove significantly cheaper, quicker, and less contentious than a proving fault in your divorce. In addition, your spouse cannot contest or stop, a no-fault divorce filing, but there is room for possible disputes over the terms of a divorce agreement.

Possible Disputes during Divorce Proceedings

If both parties agree to a no-fault divorce, which is the least contested method, each party may wish to retain a divorce attorney to represent their interests in coming up with the terms of the divorce agreement. Commonly, the divorce agreement prepared by your no-fault divorce attorney contains specifics on the terms of child custody, child support, the division of property and assets, alimony arrangements, and other provisions.  

For most divorcing parties with no dependents, no outstanding assets, or those with a comprehensive prenuptial agreement, a divorce settlement is easily prepared by a divorce mediation attorney per the agreements made between the divorcing couples. In some states, before you can contest a divorce agreement in the courts, attempts to rectify outstanding agreement disputes through a divorce mediation attorney are required.

Bottom line: Taking a divorce dispute into the courts is costly, draws out the time it takes to finalize the divorce, and potentially exposes you to unfavorable outcomes that you are not willing to accept, but in light of a judgment, must follow. Divorce mediation, or as a second recourse there is always arbitration, is best handled by you and your chosen divorce mediation attorney, who can effectively negotiate the terms of your divorce agreement with your spouse’s divorce mediation attorney. If mediation proceedings break down, both parties can potentially enter into the cost-efficient process of arbitration to resolve a divorce settlement dispute, while still avoiding the exorbitant costs of courtroom divorce litigation.

Resolving the Divorce Disputes and Finalizing Divorce Settlements

If mediation is effective, you and your soon to be ex-spouse will effectively agree to the terms of a divorce settlement agreement through your representative divorce counsel. If a divorce judge deems the settlement fair, equitable, and legally sound, the settlement is immediately approved by the courts and set into effect. If one or more parties violate these agreements, however, they can now be held in contempt of court. Typically, a divorce settlement will detail all aspects lingering from your marriage, including addressing issues such as:

• Child custody and visitation rights
• Child support payment arrangements
• Spousal support or alimony agreements
• Division of property and assets
• Assignment of outstanding debts from marriage

Additionally, the result of divorce arbitration can be presented to the divorce court in a similar manner by you and your spouse’s attorney. If private negotiations, negotiations with divorce counsel, divorce mediation, or divorce arbitration are not acceptable means of resolving a divorce settlement dispute, the divorce case must be heard in divorce court by a judge. The problems associated with this at the very least include increased costs, lengthened time to finalize a divorce, and a marginal level of contempt, uncertainty, and emotional distress.

In the most basic understanding for divorcing couples, the cheapest divorce is one that is agreed upon by both parties, without dispute over external issues, and certified by a divorce attorney, which can present your agreement to the courts. To the individual involved in divorce, keep in mind that the expense associated with finding legal counsel for your divorce will probably pale in comparison to the number of assets and support you could lose or be forced to pay per proposed settlement terms. These terms may also be represented and back by a powerful divorce mediation attorney of their own, leaving the spouse without legal counsel virtually defenseless.

Legalization of Marijuana in Colorado Challenged by Neighboring States

Two states neighboring Colorado have filed a joint lawsuit against the state in an effort to invalidate the laws governing the legalization of marijuana.

The two states, Oklahoma and Nebraska, hope to defeat the licensing of recreational marijuana retailers in the state of Colorado with this lawsuit.

According to the lawsuit, Oklahoma and Nebraska claim that there has been a flood of marijuana into their states. The states claim that the flood of marijuana has led to law enforcement agencies being thinned out and threats to their sovereignty.

In a brief filed against the lawsuit by Colorado Attorney General Cynthia Coffman, it was argued that the marijuana black market would strengthen if the lawsuit is allowed to continue.

Coffman wrote in the brief that the marijuana retail stores in Colorado have been licensed in an effort to move marijuana away from the black market. She also argued that if the laws were defeated, marijuana would be legal, but there would be no laws in place to regulate the supply of the drug.

Coffman is not the only author listed on the brief. She is joined by the state’s solicitor general and four other lawyers from the Attorney General’s office.

The lawsuit filed by Oklahoma and Nebraska was done so directly with the United States Supreme Court. The reason for filing directly with the Supreme Court is that it involves a dispute between two or more states in the union.

The Supreme Court has yet to decide if it will take up the case, which is required prior to a hearing being scheduled, and there is no timetable on when a decision will be made.

The lawsuit does not challenge the overall legalization of marijuana in Colorado. Instead, Oklahoma and Nebraska claim that the licensing of retail stores has created a gap in the federal government’s system of drug control.

The lawsuit argues that the flow of marijuana into Oklahoma and Nebraska undermine the bans on the drug in those states and causes extra stress on the criminal justice systems in those states.

Coffman originally opposed the legalization of marijuana in Colorado. This is the first time that state officials in Colorado have had to fully argue in favor of the laws that legalize marijuana in the state.

Coffman agrees with the concerns of Oklahoma and Nebraska, saying that she is concerned about the illegal trafficking of marijuana. She notes in the brief that Colorado law enforcement agencies are still taking traffickers into custody. She cites the indictments of 32 people who were charged with illegally growing marijuana in Colorado and planning to traffick it out of state.

This lawsuit is just one of four filed against the legalization of marijuana in the state of Colorado, but the first filed with the Supreme Court. The other three have been filed with the federal district court in the city of Denver.