Beware of Arbitration Clauses in Contracts: tips for people in Arlington, VA

Posted on : March 21, 2016

Have you ever wondered what role business attorneys play in society? Well, if you are a consumer or a small business owner, it is time you paid more attention to these legal professionals. In a world where everything is done under the constraints of contracts, anything can go wrong and it is no wonder there are so many contract lawsuits piled up in the court system today.

So you have bought that credit card after signing a lengthy contract agreement. You rightly assume nothing can go wrong because this is a big credit card company. Unfortunately, you could be wrong. Somewhere in the final pages there is a small clause that you missed, or even if you read it, its implications haven’t sunk in your mind yet.

Most probably it was phrased something like “the company may elect to resolve any claim by individual arbitration.” So what is the dark side of such a clause? Here are some ideas:

  • It is legally binding and thus supersedes your right to go to court for justice.
  • Arbitration is not a court process because there is only one arbiter whose decision is legally binding.
  • Arbitrators are not always impartial.
  • Courts rarely reverse an arbitration judgment.
  • Arbitration clauses can ban class action which means consumers are at the mercy of large corporations.

Furthermore, if you have ever signed a contract, it is likely you didn’t scrutinize the ominous arbitration clause. These clauses are now the subject of intense debate because corporations are fighting off class lawsuits using this clever addition. In essence, you are signing your rights away through these arbitration clauses and this is where a business law attorney comes in handy.

Before you sign any kind of contract you must get an attorney to scrutinize it and approve. If you are just starting off, a small business attorney is critical when you get into deals with large corporations to avoid financial losses due to arbitration clauses. Before you sign that tempting contract, let expert go through it lest you sign your legal rights away.

Contact us now for more details about our business attorneys in Arlington, VA.

A guide to the Virginia Consumer Protection Act (VCPA) for residents of Arlington, VA

Posted on : March 14, 2016

If you are an Arlington resident or business owner, you must have followed the 2014 Supreme Court hearing on consumer protection law closely. The Virginia Consumer Protection Act of 1977, beginning 59.1-196, has been a subject of debate within both the legal and business circles.

The clarification by the court that proscription of conduct by suppliers in consumer transactions extends beyond fraud, changes the entire picture and brings to the fore the role of a business law attorney.

VCPA in its most basic description is supposed to be applied as a remedial legal tool which prohibits unethical business practices between consumers and suppliers. The ruling now clarifies that consumers can rely on VCPA to sue against fraud in case of a transaction where these and more situations exist:

  • False pretense
  • False promise
  • Misrepresentation

This area of commercial litigation is complex, but with the right attorney you can get a fair hearing against any unscrupulous business practices. VCPA not only protects you as a consumer but also caters for your business attorney’s fees. While this broad description might seem sufficient, there is a myriad of other details in the Act that make it crucial for you to use an attorney’s service to get a better understanding.

For instance, while ordinary consumers are succinctly protected under the law, churches and other religious organizations are covered too. There are also 54 categories which are classified as fraudulent acts and practices.

VCPA covers even more situations than you might expect. Consumer protection, for instance, includes a variety of actions related to goods and services such as sale, advertising and lease of these goods for personal, family or household uses. This is a very broad description which makes it important for you to find an attorney in case you feel aggrieved in a transaction.

Do you feel cheated by your retailer, landlord or even your plumber? Well, the Virginia Consumer Protection Act offers the best legal recourse. Whatever the situation you’re in, your business law attorney will be able to advise you on the best route to getting justice.

Reach out to us today for more information about our business law attorneys in Arlington, VA

Do You Need A Breach Of Contract Lawyer in Fairfax, VA?

Posted on : March 7, 2016

When you sign any contract the last thing you have in mind is that the other party will fail to meet their end of the bargain. The fact that a contract is a legally binding agreement has not prevented the increase in breach of contract lawsuits in Fairfax, VA. If you find yourself in such a situation, you need to contact a breach of contract lawyer promptly.

But first things first, how do you assess the situation to determine you need such legal help? Well, each contract comes with a set of agreements but the bottom-line is that it is a legally enforceable agreement between you and the other entity.

If you feel short changed, you are entitled to legal relief and this is where your litigation attorney comes in handy. Such situations can lead to:

  • Material breach: One party fails to perform as promised in a contract.
  • Anticipatory breach: In case you realize the other party cannot perform the task at hand within the allotted time as agreed upon in the contract you can sue for damages.
  • Fundamental breach: If you realize the other party is not doing what is spelled out in the contract, you can sue to stop performance of this contract.

There are other situations where you would still face a lawsuit in case of a minor breach. Say for instance you have contracted a friend to build a website and when they do it on time you realize there are a few errors. In essence, if you have signed a contract and you feel unsatisfied about any aspect of the agreement you should contact a breach of contract lawyer for legal reprieve.

How do these legal professionals help? They are crucial in getting you compensatory, consequential and incidental damages, liquated damages, punitive damages and even defense costs if covered in the contract. They help to review your contract, work on your behalf during a breach of contract lawsuit and provide crucial advice throughout the life of the contract.

So, do you think you need a breach of contract attorney? If you feel your business faces financial risks or personal injury it is time to call these legal professionals. You can never be too careful.

Contact us today for more information about breach of contract lawyers in Fairfax, VA.

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