What are compensatory damages? They are one of several types of monetary awards that can be won at trial. Purpose The purpose of compensatory damages is to “make the plaintiff whole again”. In other words, they exist to cover all of the damages that were created by the defendant’s bad actions. These do not include…

What is breach of contract? Breach of contract is the cause of action that arises when one party fails to perform under a contract. That’s too legalese. If one party doesn’t do what they’re supposed to in a contract, they’ve breached that contract. However, it is not always that simple. What is a contract? Contracts…

Yes, they make many people cry. Like ogres in the movie Shrek, laws are like onions because they have layers. In order to fully understand how laws are interpreted, you have to understand the layers.   Federalist System of Laws Our country is a federalist system of governance. This means that there is a Federal…

The most common type of judgment is a money judgment. These are judgments ordering one party to pay another. If you win a judgment, it is valid for ten years in North Carolina. Before the end of that ten-year period, however, you may ask the court to extend the judgment.   How Do Money Judgments…

Tortious Interference with a Contract is one of those causes of action that sounds scarier than it really is. In its simplest terms, tortious interference occurs when you encourage someone to break the contract they have with someone else. As this is law, there are also exceptions to that rule. A simple example is when…

Did you enter into a contract in North Carolina only to find out there was a clause that specified you had to bring any claims arising under that contract in another state? Do you want to bring a claim in the State of North Carolina but you think you now can’t? Never fear because North…

Did you know that insurance companies cannot change your policy without prior notice? It’s true! Under N.C. Gen. Stat § 58-41-20(d), “whenever an insurer lowers coverage limits or raises deductibles or premium rates other than at the request of the policyholder, the insurer shall give the policyholder written notice of such change at least 30…

For smaller lawsuits, there is one type of award that can change the outcome of your case. Prevailing parties can sometimes get the losing party to pay attorney’s fees. The decision to award these fees is often in the discretion of the presiding judge. However, it helps to know when you could have the losing…

Lawsuits aren’t fun. Few people want to sue, and even fewer want to be sued. However, every day a plaintiff files a new suit against a defendant, and that defendant generally has 30 days from being served to answer. In a perfect world, every defendant will timely respond to the plaintiff’s complaint. In reality, things…

  Fraudulent transfers are one way in which creditors can set aside a transfer by a debtor to another person or entity. They occur when the debtor either makes a transfer of assets with the intent to defraud his or her creditors or, in some states, when a debtor makes a transfer while insolvent or…

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