Civil Law

Civil Law

How you approach any legal action depends on your situation. The first thing you need to know is if your case would fall under a civil action or if it would be a criminal case. Our attorneys here at McClure, McClure & Bailey can help you determine if your case is viable — worth your time and effort to pursue — and what your next steps should be. Stop by our location in Danville, Kentucky, or call us at 859-236-8888 to schedule a consultation. 
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Contract Dispute

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What is a Contract Dispute?

A contract dispute occurs when any party in a contract has a disagreement regarding any of the contract terms or definitions. In order for a contract to be valid, there must be a “meeting of the minds.” This means that all parties need to have a solid understanding of every contract term, and must be in mutual agreement as to the terms. Without a mutual agreement, the contract is not legally valid and may be contested in court.

What are Some Common Contract Disputes?

Contract formation can often be a lengthy and involved process. There are many steps that need to be fulfilled along the way. In order for a valid contract to be formed, there must be: 1) an offer, 2) an acceptance of the offer, and 3) some form of consideration (or payment) for the goods or services at issue. Contract disputes can during any of these steps.

Some common types of contract disputes may include:

  • Issues with drafting and reviewing a contract
  • Offer and acceptance disputes
  • Mistakes and errors concerning the terms of the contract
  • Disagreements as to the meaning or definition of a technical term
  • Fraud and coercion—there is no “meeting of the minds” if a person is forced or tricked into signing the contract
  • Even if a contract is properly formed, there may be disputes as to the performance of contract duties. If a party fails to perform their side of the bargain, it can cause a legal dispute. For example, if a seller fails to deliver goods that were purchased by the buyer, then the buyer may seek various legal remedies for “non-performance” of the sales contract.

What are Some Remedies for Contract Disputes?

Remedies for contract disputes are usually divided into two main options: legal remedies and equitable remedies.

  1. Legal remedies usually involve a monetary damages award paid to the plaintiff for their losses.
  2. Equitable remedies involve the parties taking certain actions to correct the contractual dispute. Examples of these include rewriting the contract to correct errors, or requiring the breaching party to perform their contract duties.
In most cases, the parties will be able to choose between either legal or equitable remedies.

Do I Need a Lawyer for Assistance with a Contract Dispute?

Contract disputes can involve many different legal concepts. These can sometimes be complicated and difficult to understand. You may need to hire a lawyer if you need assistance filing a lawsuit for a contract dispute. Your attorney can represent you in court and can help determine what types of remedies might be available to you under laws.

Property Dispute

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What is a Property Dispute?

A property dispute refers to any type of legal dispute involving a home, condo, apartment, or other type of real property (as opposed to small, personal property). Property disputes may involve a number of different issues and several different parties, including:
  • Neighbors
  • Property owners and renters
  • Mortgage lenders and creditors
  • Government agencies
  • Visitors to the property
Property disputes cover a large portion of the types of legal claims filed each year. In many cases, legal remedies may include a damages award to cover the plaintiff’s losses, or an injunction ordering one party to remedy a property defect.

What are Some Examples of a Property Dispute?

Some typical examples of property disputes include:

  • Title and boundary disputes
  • Disputes over home mortgages
  • Foreclosures and evictions
  • Issues with zoning and land use
  • Issues with rent and security deposits
  • Insurance claims
  • Disputes over inheritance claims
In some property dispute claims, more than one legal issue can be involved. This can make the claim somewhat complex, and may extend the overall processing time.

What are Some Effects of Property Disputes?

Besides the damages, awards or injunctions that may be issued as remedies, a property dispute may put a “cloud” or hindrance on the title to the property. That is, property is not marketable if there is an ongoing, unresolved dispute involving the property.

In these cases, a specific type of legal proceeding is needed in order to resolve the property dispute before the property can be sold. This is known as a “quiet title” proceeding, and generally needs to be completed so the title will be clear and marketable.

Do I Need a Lawyer for Help With a Property Dispute?

Property disputes may involve specific legal issues and matters. You may wish to hire a lawyer if you need help resolving any property disputes. Regardless of who the parties are, or what types of legal issues are involved, the help of lawyer is indispensable for these types of cases. Your attorney can provide you with legal advice, guidance, and representation throughout the duration of the process.

If you have questions about a potential or existing property dispute, call us: 859-236-8888. We can help you get it resolved.

Tort Lawsuit

Tort Law Book — Danville, KY — McClure, McClure & Bailey

What is a Tort Lawsuit?

A tort lawsuit is a legal proceeding in which a person sues another party for injuring his body, his property, his business, or his reputation. For example, a person may file a tort lawsuit after someone breaks his nose in a fight or hits him with his car. Additionally, tort lawsuits are often filed because of motor vehicle accidents, dog bites or some other type of negligence.

In most jurisdictions, tort lawsuits are filed when a person wants compensation for his injury rather than, or in addition to, criminal prosecution. The laws of many jurisdictions allow a person to be compensated for pain that he has suffered as well as lost wages and medical expenses; while some allow a person to sue for emotional suffering as well.

Who can bring a tort lawsuit?

In most cases, a tort lawsuit is filed by the person who suffered an injury or his legal representative; a person often chooses to retain a lawyer to represent him in a tort lawsuit.

In some cases, however, the family members of a person who has been injured may sue on his behalf. For instance, a parent may sue on behalf of a minor child or a spouse may sue on behalf of a spouse who can no longer speak for himself. Sometimes people even sue on behalf of loved ones who have died because of another person’s actions or lack of action.

Many people think of tort lawsuits only in terms of the money that may be awarded. These lawsuits may serve another important purpose. They may help to discourage certain types of actions and encourage people to be careful in the things they do. For example, a person may drive more carefully if he knows he can be sued for hitting another driver. Likewise, a person may be more likely to refrain from starting a fight if he knows he can be sued for breaking another person’s nose.

What are some common Tort Lawsuits?

  • Personal Injury
  • Car wreck
  • Damage to house or land
  • Damage caused by pets or livestock
  • Slander or harassment

Do I Need a Lawyer for Assistance with a Tort Lawsuit?

A person can represent himself in a tort lawsuit, but that isn’t always the best option. Tort law can be complex, and proving one’s case may be difficult. The laws regarding tort lawsuits and compensation limits can be confusing and difficult to manage for someone who is not a lawyer. The grounds for beginning a lawsuit may vary as well. For this reason, many people turn to lawyers to help them put together a case or prepare a defense against one. Choosing a lawyer who has significant civil litigation experience is beneficial. Call us with any questions on tort law: 859-236-8888.

For further information about McClure, McClure & Bailey in Danville, Kentucky, or to schedule a consultation, call 859-236-8888.

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