A client called recently, really angered by the product that he had received and said that "the company was unwilling to remedy the problem, after being repeatedly told that they would take care of it"
If you feel that you have been wronged or defrauded in some way by a business or service industry, then the Tennessee Consumer Protection Act can be your friend. This Act provides that any person who suffers an ascertainable loss of money or property as a result of another person or entity employing an "unfair or deceptive act or practice" in selling consumer goods may sue that seller. You may be eligible for treble damages (3X) if this has occurred to you. Call the law office of Andrew Farmer if you feel that you may need assistance or find yourself in a similar situation.
Wednesday, March 18, 2009
Monday, March 16, 2009
Prenuptial Agreement
"Do I have to disclose all of my assets in a prenuptial agreement?"
Absolutely! For a prenuptial agreement to be valid, all assets of each party need to be disclosed. In addition, custody and child support details cannot be negotiated in a prenuptial agreement. It is also wise not to have a fiance to sign the agreement on the day or eve of your wedding. Otherwise, it could be argued that the agreement was signed under duress, as a condition of marriage. If you have question or issues that arise, the law office of Andrew Farmer can assist you.
Absolutely! For a prenuptial agreement to be valid, all assets of each party need to be disclosed. In addition, custody and child support details cannot be negotiated in a prenuptial agreement. It is also wise not to have a fiance to sign the agreement on the day or eve of your wedding. Otherwise, it could be argued that the agreement was signed under duress, as a condition of marriage. If you have question or issues that arise, the law office of Andrew Farmer can assist you.
Can I Disown My Child In My Will?
This question was posed to our office recently.
Whereas most people want to include their children in a will, you may leave your child out of your will. Better yet, I would set a will up so that people who may think that you want them to have something get something. For example, people that you wish to exclude, name them in your will. Give them $1.00. This lets the court know that you have not accidentally left them out of your will, and they are getting just what you want them to get. Whether it be a child or anyone else that you really don't want to be in your will, the law office of Andrew Farmer can help you.
Whereas most people want to include their children in a will, you may leave your child out of your will. Better yet, I would set a will up so that people who may think that you want them to have something get something. For example, people that you wish to exclude, name them in your will. Give them $1.00. This lets the court know that you have not accidentally left them out of your will, and they are getting just what you want them to get. Whether it be a child or anyone else that you really don't want to be in your will, the law office of Andrew Farmer can help you.
Tuesday, March 10, 2009
Can a videotaped statement be used against a defendant in a criminal trial, constitutionally?
In short, the answer is no! The Tennessee Supreme Court has held that under both state and federal confrontation clauses, ex parte videotaped statements cannot be used to convict a defendant. Under the Tennessee Constitution, the defendant has a right to come "face to face" with the accuser. Under the federal constitution, the defendant has a right to "confront" the accuser.
In short, the answer is no! The Tennessee Supreme Court has held that under both state and federal confrontation clauses, ex parte videotaped statements cannot be used to convict a defendant. Under the Tennessee Constitution, the defendant has a right to come "face to face" with the accuser. Under the federal constitution, the defendant has a right to "confront" the accuser.
I was on vacation in Florida when I was involved in an accident with someone who lives there. Where should I file a lawsuit?
It would be best to file the lawsuit in the county where the accident occurred, since the other party is someone who lives there. Tennessee law looks at the most significant relationship of the parties in determining who may have jurisdiction and since the accident occurred there and the other party is from there, it would be best to file there. You may want to check with an attorney in your area. There is always a possibility that they know an attorney in the city where you need to file your lawsuit. Good luck!
It would be best to file the lawsuit in the county where the accident occurred, since the other party is someone who lives there. Tennessee law looks at the most significant relationship of the parties in determining who may have jurisdiction and since the accident occurred there and the other party is from there, it would be best to file there. You may want to check with an attorney in your area. There is always a possibility that they know an attorney in the city where you need to file your lawsuit. Good luck!
Tuesday, March 3, 2009
lost property
" I found a lottery ticket that ended up being a $25,000.00 winner....can I keep it?"
It depends. Tennessee has various rules depending on how the personal property in dispute came into the possession of its current owner. For example, if property is truly lost, which seems to be the case with the lottery ticket, then the finder would hold superior rights to all others except for its true owner. An owner claiming such would have to present proof as to ownership. In all likelihood, the $25,000.00 will be yours.
If property is mislaid, intentionally placed there by the owner and forgotten, then the finder of such would also have less of a right than the owner of the real property where the mislaid property is found. Both of their rights would still be subordinate to the true owner's rights.
Abandoned property is property that has been voluntarily relinquished by its true owner. The finder of such has title over all others, but if the finder is a trespasser, then the owner of the property on which it was found has better title.
Lastly, a buyer of personal property has whatever rights the seller truly had.
These are things that a qualified attorney can assist you with. The staff at the law office of Andrew Farmer can help you with assets or asset defense.
" I found a lottery ticket that ended up being a $25,000.00 winner....can I keep it?"
It depends. Tennessee has various rules depending on how the personal property in dispute came into the possession of its current owner. For example, if property is truly lost, which seems to be the case with the lottery ticket, then the finder would hold superior rights to all others except for its true owner. An owner claiming such would have to present proof as to ownership. In all likelihood, the $25,000.00 will be yours.
If property is mislaid, intentionally placed there by the owner and forgotten, then the finder of such would also have less of a right than the owner of the real property where the mislaid property is found. Both of their rights would still be subordinate to the true owner's rights.
Abandoned property is property that has been voluntarily relinquished by its true owner. The finder of such has title over all others, but if the finder is a trespasser, then the owner of the property on which it was found has better title.
Lastly, a buyer of personal property has whatever rights the seller truly had.
These are things that a qualified attorney can assist you with. The staff at the law office of Andrew Farmer can help you with assets or asset defense.
interesting facts in law
A delivery driver recently ran a stop sign and hit a vehicle containing a family of tourists. Is the employer responsible for the delivery guy's actions?
Generally speaking, employers are liable for the torts of their employess. However, if an employee is acting outside the scope of his employment, then the employer is usually not liable. In this case, the delivery guy was in a hurry to drop off the goods for his employer and ran the stop sign. The employer can be held vicariously liable through a doctrine called respondeat superior.
If you suffer an injury consult a licensed attorney for advice about your injury . The Law Office of Andrew Farmer can assist you or give you guidance in instances like the one mentioned.
A delivery driver recently ran a stop sign and hit a vehicle containing a family of tourists. Is the employer responsible for the delivery guy's actions?
Generally speaking, employers are liable for the torts of their employess. However, if an employee is acting outside the scope of his employment, then the employer is usually not liable. In this case, the delivery guy was in a hurry to drop off the goods for his employer and ran the stop sign. The employer can be held vicariously liable through a doctrine called respondeat superior.
If you suffer an injury consult a licensed attorney for advice about your injury . The Law Office of Andrew Farmer can assist you or give you guidance in instances like the one mentioned.
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