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Law Office of Randall A. Fischer P.A. At Stuart

2100 SE Ocean Blvd #203, Stuart,
Martin, Florida 34996
Phone: (772) 463-7737

Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206, Port St. Lucie
St. Lucie, Florida 34984-5232
Phone: (772) 463-7738

Randall A. Fischer, P.A. Law Office At Jupiter

1080 East Indiantown Road #104
Jupiter, Florida 33477
Phone: (561) 316-7111

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Lawyer Port St. Lucie FL

What is a Limited Liability Company?

What is a Limited Liability Company?

Lawyer Stuart FL, Port St. Lucie Fl, and Jupiter FL

A limited liabilty company is a vehicle through which business can be conducted without many of the statutory constraints afforded a corporation and benefits that are not available to a C corporation.  The limitation of liability associated with an LLC along with the passthrough of profits and/or losses are tremendous attributes when considering which business entity to create.

Since an LLC operates more like a partnership, it is the operating agreement that is of key importance.  The operating agreement is just that an agreement upon which the members of the limited liability company intent to conduct business.  If time is not properly spent on thoughtfully constructing this agreement prior to creating the business, then the disputes which may arise later could have dire consequences.  What happens if there is a death of the managing member?  Who controls what interest?  How are decisions made?  What is my investment?

These are just a few of the critical questions that need to be addressed in the operating agreement.  Many clients think it is just a matter of filing the LLC with the state and then when something happens there is nothing but problems and expense.  That is why it is important to consult with a Lawyer before deciding what entity to use and how to mitigate liability and taxes.  I am a Lawyer in Stuart, FL that can help.  I also have Law offices in Port St. Lucie FL and Jupiter FL, as well.

If you have any legal questions, please go to the home page, review the menus on top and on the left column, or call my law office.

Interference with Business Relations

Interference with Business Relations

Interfering with an existing contractual relationship is a viable cause of action.  It is available when there is an existing contractual relationship exists between the injured party, the plaintiff, and a third party and the defendant, knowing this relationship, intentionally interferes with contractual relationship inducing a breach or a termination of the relationship or expectancy from that relationship which causes harm to the plaintiff.

This is the legal definition.  To pursue this cause of action, the plaintiff must be in a position to prove each allegation to support their claim.  That means breaking down each element and demonstrating the existence of a business relationship with the third party, showing that the defendant knew of the business relationship and intended to interfere with that relationship and as a result the plaintiff was actually damaged by that interference.

On its face this would not be difficult to demonstrate, but there are many very subtle issues which can make this cause of action difficult to allege and prove.  It takes a thoughtful and thorough analysis of the surrounding facts and an application of the law to support a tortious claim of Interference with Business Relations.

If you feel you have been damaged by someone or a business that has interfered with a business relationship between you and your client/customer in Stuart, Port St. Lucie, or Jupiter FL, please give my office a call at (772)463-7737 and schedule a free consultation.  I appreciate you visit to my website and look forward to meeting you.

Contract Lawyer Port St. Lucie FL

Contract Lawyer Port St. Lucie FL

Contract law is a very broad area of the law.  Many clients think the situations subject to contracts are quite simple and very clear.  However, often issues arise which were either not addressed or even conceived of in contract, conditions precedent not fulfilled, critical elements not addressed.  There are other issues which may be collateral to any breach which could also create liability which had not been taken into consideration prior to entering into the agreement.

When issues arise as to the existence of a contract and whether there has been a breach the elements of the contract are evaluated and the defenses to nonperformance reviewed.  This is where the practice of contract law gets involved.  Was there an offer, an acceptance, and appropriate consideration.  When these elements are broken down as to whether there was mutual assent to the terms of the agreement (i.e.”a meeting of the minds”) the understanding between the parties may dramatically differ.

Was there a promise to enter into a contract versus a mere invitation to deal with preliminary negotiations?  Were there certainty and definiteness in the essential terms and were those terms communicated to the offeree?

It may be difficult to believe there are so many issues which arise under what would be believe to be clearly drafted and executed contracts, but it occurs frequently.  First and foremost, if you are entering into a difficult contractual situation, write down what you believe you are responsible to complete under the contract.  Second, hire an attorney and review your expectations with the attorney and allow him to review or draft the contract.  Finally, it is important to think about situations that may occur which are routine to the transaction and include remedies for these contingencies.

It is very difficult, if not impossible to cover all eventualities, but it is better to address as many as possible in the negotiation stage of formation than in court due to a breach.

If you are looking for a Contract Lawyer in Port St. Lucie FL, Stuart FL, or Jupiter FL, please give my office a call.