We’ve all seen this before the situation before where items are tied precariously to the top of a car or hanging over the edge of a truck. If it falls out, who is at fault?
Before we go further, we hope that nothing goes wrong in such a scenario. Of course, we know that the best case scenario is not always going to happen. Sometimes an item is going to fall from the car. Occasionally an item is going to fall out of the truck. In each of these two situations,
Before hiring an attorney to file or defend a breach of contract lawsuit in Idaho, you should consider attorney fees, especially if the contract is relatively small. Although each case is different, the losing party generally has to pay attorney fees in a breach of contract claim. Many contracts specifically state that if a party breaks the contract, he or she has to pay the other party’s attorney fees and costs in any legal suit to enforce the contract.
Moreover, even if the contract is silent on attorney fees or the contract was oral, Idaho law explains that the losing party has to pay the winning party’s fees in many contract disputes: “In any civil action to recover on . . . [a] contract relating to the purchase or sale of goods . . . or services . . . , the prevailing party shall be allowed a reasonable attorney’s fee to be set by the court, to be taxed and collected as costs.” Idaho Code § 12-120(3).
Like most States Idaho has determined that it wants people to be able to sell their homes whenever they want. However, because housing is such an important part of life, and is a huge investment for most people, Idaho requires certain disclosures to be made by a seller so that a buyer is fully informed before they make a purchase of a home. The law in Idaho is called the Property Condition Disclosure Act which is found at Idaho Code §§ 55-2501 through 2518. Here are three key things you need to know about this particular Idaho statute.
1. Who is Required to Make Disclosures
Recently, I wrote concerning bicycling and the safety that needs to be exercised when engaging in that activity. However, as has been shown by various universities, bicycling can improve your health and mental outlook on life.
Exposure to the sun actually increases happiness. We seem to recognize this when we go outside for breaks or walk down the street for lunch. Bicycling to work or leaving the roof down for the drive might be a healthy move. This has been recognized by the Stanford University School of Medicine. Serotonin levels in our body are boosted by exposure to sunlight and can made you feel happy. This also potentially raises Vitamin D levels which in turn plays a role in your happiness. Obviously, you need to protect against over-exposure from the sun or dehydration. A good quality sun screen, along with drinking plenty of fluids should do the trick.
Most people spend more time planning their vacation or where to eat out than they do their Estate Planning. Others simply think that they don’t have any wealth or assets to warrant thinking about Estate Planning. The reality though, is that Estate Planning isn’t only for the smart of the rich. Without a plan in place, there could be a long-lasting impact on yourself and loved ones. Here are 5 reasons to complete your Estate Planning now.
By Lane V. Erickson, Attorney
Most people believe that estate planning only deals with giving your property away after you die. It’s easy to see why most people have this misunderstanding. Giving away property through a Last Will and Testament is what the media tends to focus on. The reality is, estate planning has more to do with you while you were alive than with dealing with your property after you have died. The two most powerful documents that will affect you while you are alive are part of a basic estate planning package. These include a Durable Power of Attorney and a Living Will and Durable Health Care Power of Attorney.
1. Durable Power of Attorney
Some of the very worst accidents and injuries can occur when collisions occur between passenger cars and commercial semi trucks and trailers. However, there are things you can do to protect yourself.
Be cautious when making turns. This is especially true when making a right hand turn. When a passenger vehicle makes a right hand turn the back end of the vehicle follows closely after the front end. This is not true of a large semi. When that vehicle makes a right hand turn, the rear end turns far behind the front end and cuts the corner at a much tighter angle. If a passenger vehicle does not recognize this and makes the turn at the same time, the rear end of the semi can end up colliding with the passenger vehicle. Be careful in this situation.
By Carol Tippi Jarman
Did you know that Idaho courts recognize the issuance of a “Qualified Domestic Relations Order (QDRO)” to enforce a prior alimony obligation whether that support obligation was created by a settlement agreement or a court order? In Kesting v. Kesting, 160 Idaho 214, 370 P.3d 729 (2016), the Idaho Supreme Court made clear that an ex-spouse seeking to enforce a support obligation is not simply an ordinary creditor. Idaho law specifically recognizes this by allowing a former spouse to collect normally exempt property to enforce a claim for support.
By Lane V. Erickson, Attorney
There many times as an estate planning attorney clients ask me whether it is a wise decision to name their children as co-owners on their house. Clients want to know how to do this because they believe it would be a good way for them to avoid probate when they die. Here are three reasons why you should not name your children as co-owners on your home.
1. Taxes
Sometimes the Commissioners decide that they would like to either come to a different conclusion or write a decision in a different way than the Referee has written the decision. The Commissioners then write their own decision which becomes the final order of the Idaho Industrial Commission.
If either party disagrees with the final decision written by the Industrial Commissioner themselves or an approved Referee decision, they have the right to make a direct appeal to the Idaho Supreme Court. The attorneys then submit briefs to the Idaho Supreme Court and then the case is set for oral argument. Approximately 60-180 days following the Supreme Court argument the Idaho Supreme Court issues its decision which then becomes the final decision in the Idaho Industrial Commission case.
Idaho Law Blog
