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Breach Of Contract: Not Just What You're Expecting
When you read the words 'breach of contract,' the first thing that comes to mind is probably the kind of contract that you sign when you buy a car, or when you agree to deliver a certain quantity of product. But the definition of contract is much broader than that. In fact, whenever you agree to anything, you are effectively creating a contract, even if you don't sign a document.
Admittedly, such unsigned contracts are difficult to enforce because they are near impossible to prove in a court of law. But there are many other signed contracts that result in disputes that few people ever realize are based in contract law. This article will examine two of the most prominent examples: probate in Texas and overtime.
Probate In Texas
Probate is the process by which a will is distributed to the heirs. It is a very complicated process, guided entirely by the wishes of the deceased. However, those wishes may not have been written up clearly. All too often, a will is muddled, vague, or just plain poorly written.
Why does the writing matter so much? Because probate in Texas is essentially following a contract laid down between the state and the author of the will. They are agreeing to divide the assets of the deceased in a certain way upon death, and in return the deceased will pay taxes to the state as part of the process of probate in Texas. It is a contract, between the author and the state.
Probate is also a contract between the writer and the executor. The executor agrees to abide by the will, and thus to abide by the wishes of the writer. However, if the will is not clearly written, then the executor cannot properly complete the task he or she has taken on. When probate in Texas involves a poorly written will, the facts tend to be difficult and arguments are much more likely to arise. This is true of probate in Texas, but it also applies to probate anywhere within the U.S.
Breach of Contract For Overtime Lawyers
Another contract arises when an employer and an employee start a working relationship. The worker agrees to work for the employer, and in exchange the employer agrees to certain terms of payment. Very often, these terms include payment for overtime.
When the employer commits a breach of contract and doesn't pay for services rendered by the worker, the employee can go to an overtime lawyer for assistance. These lawyers specify in labor breach of contract, focusing on the rights of workers to overtime pay.
Overtime lawyers are frequently able to have success in court because pay statements are often written down and signed. There is usually an official process that the employee must go through before beginning work at a new job, and a good overtime lawyer takes advantage of that to prove that overtime pay is owed.
Breach of Contract In Other Places
Probate in Texas and overtime law aren't the only types of law that rely on contracts. In a sense, they are the basis of all our laws: two people agree to do (or not do) a certain thing, and in exchange our society is built.
About the Author Christine O'Kelly is an author for Pursley Law Firm PLLC, a leading law firm providing breach of contract and overtime lawyer representation in Texas. The firm also offers professional assistance with probate in Texas.
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