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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5272
Experience:  Licensed to practice before state and federal court
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I just started a business (a restaurant ) in may I have a

Customer Question

I just started a business (a restaurant ) in may I have a silent partner not so silent. they are 50 % owner of the business I am 50% owner and I own the Band/name and Menu. They are responsible for the equipment and air conditioning and any building maintenance. That is not in good working order and hasn't been since I open so I states in my contract everything that was part of the deal was to be in good working condition. I had a health inspection and I have the same problems they still haven't fix. that is there responsibility what do I do is it breach of my contract when they lied and now I have it on an inspection report?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: oregon
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: they own the building were the busie business is
Submitted: 2 months ago.
Category: Legal
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Expert:  Legal Eagle replied 2 months ago.

This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Additionally, if this person is your partner then you may also sued them under the law for breaching their financial duty to you. Partners in a business have a financial duty to one another to protect each other's Financial Health. Therefore, if the individual is not making the necessary repairs or improving the condition of the premises, that they are breaching their financial duty to you.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Expert:  Legal Eagle replied 2 months ago.

The answer to your question is yes. It would probably be worth suing the radiologist who read the scan. The reason is because THIS to me sounds like a classic case of negligence. To help you understand the legal basis in plain English, Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence. In this case, the radiologist’s actions fell below the duty of care for a radiologist in a similar situation.

You may want to consider just writing a formal demand letter that they advise you who the malpractice carrier is or just demand payment for the bills.. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?