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How Do You Show Breach of Contract in a Civil Case in Wisconsin?
There are three ways a contract can be breached, warranting a civil lawsuit in Wisconsin. These are:
- Failing to perform a task specified in the contract.
- Making it impossible for the other party to perform a task stipulated in the contract.
- Communicating an intent to not perform a task in the contract.
While these three criteria may seem clear cut, proving that one or more of them has been met is not always so easy.
Establishing the Claim
To claim a breach of contract, the burden falls on the plaintiff (the person who commences the lawsuit), who must prove that:
- An enforceable contract exists,
- The defendant caused a material or fundamental breach, and
- The plaintiff suffered damages as a result of the breach.
Demonstrating the Existence of a Contract
To show that a breach of contract has occurred in Wisconsin, a valid contract must have been in place. The contract can be written or oral, as both can be legally enforced. What matters is the ability to prove the contract included the following three components:
What Sentence Does an Arson Conviction Carry in Wisconsin?
By Ray Dall’Osto & Jason Luczak
Wisconsin, like most states, considers arson to be a very serious criminal act and imposes stiff penalties on anyone convicted of the crime. An individual facing arson accusations and charges in Wisconsin should consult with and work with a skilled criminal defense attorney who is also familiar with applicable insurance law and claims procedures, to best deal with and understand the charges and potential consequences of a conviction.
Arson to Buildings and Property Damage
Anyone who commits one of the following acts may face felony arson charges under Wisconsin law:
- Uses fire to intentionally damage a building that belongs to another person without that person’s consent, Wis. Stat. § 943.02
What Visitation Rights Do Grandparents Have in Wisconsin?
Families can be complicated, and this means that matters of family law can also involve a variety of complex issues. Divorce and child custody cases often result in contentious disputes, and when issues such as visitation rights of grandparents or other third-parties are added to the mix, they can be difficult to resolve. Parents and grandparents should be sure to understand their rights in these situations.
Constitutional Rights
Parents’ right to raise their children without government interference is protected under the 14th Amendment of the U.S. Constitution, which generally prohibits government interference with a person’s liberty without due process. An award of visitation rights to a third party—including grandparents—over a parent’s objections interferes with a parent’s constitutionally protected right to make decisions regarding the “care, custody and control” of his or her children (Troxel v. Granville). The only thing that may override this right is if visitation rights to a third party is found to be “in the best interests of the child.”
Stricter Drunk Driving Laws May Be Near in Wisconsin
The Wisconsin Assembly passed two bills this summer which, if approved by the state Senate, would impose stiffer penalties on individuals convicted of operating while intoxicated (OWI). The first bill would establish a mandatory minimum prison sentence of at least five years for drivers convicted of an OWI that resulted in a fatality. A driver facing such a charge under current law faces a considerable prison sentence, although a sentencing court has the discretion to impose jail time, probation or combination of the two. The new bill passed by the Assembly would take away all discretion and individual consideration of each defendant and lump them all together regardless of blood alcohol level, treatment needs and efforts, etc. The second bill would make it obligatory for drivers facing OWI charges, including all first-time offenders, to appear in court. Because a first-time OWI is currently not a criminal offense, the civil rules of procedure allowing an appearance by legal counsel for some court proceedings can occur.
What Happens to Pets in Wisconsin Divorce Cases?
Pet owners can be very attached to their animals, and a growing trend in the United States is to treat pets more like family than property. So, when a Wisconsin couple is facing divorce, the question naturally arises: “Who gets the pet?” When it comes to divorce, Wisconsin state law still considers pets as property, and therefore, they are included in the division of the couple’s assets and liabilities. This means legally, the pet is assigned to one or the other spouse, and since the pet is considered property, there are no court-sanctioned custody or visitation rights.
A 50/50 State
Wisconsin is considered a community property state, which means all marital property in a divorce (or legal separation or annulment) is divided 50/50 between the two partners. As stated above, this normally means the pet will be awarded to one or the other spouse. However, the 50/50 split excludes property that was given as a gift to either spouse separately or property that was inherited separately. Therefore, if the pet was a gift to one of the spouses or, for example, the pet was inherited from a parent, this might be grounds for the pet to be awarded to one spouse over the other.
Why Ice-Related Slip-and-Fall Cases on Commercial Property Can Be Complex
If you live in Wisconsin, you know what comes after fall: winter, which usually involves plenty of snow and ice. Unfortunately, these conditions can bring another type of fall—one that causes injury. But when a slip-and-fall accident happens on a commercial property, who is responsible? The answer can be complex.
In Milwaukee, like many Wisconsin cities, “property owners and occupants of private property (commercial and residential) are required to clear sidewalks abutting their property of snow or ice within 24 hours after snow has stopped falling,” or they may face fines. While this requirement seems to place responsibility on a property owner or tenant to ensure that a sidewalk is safe, in many Wisconsin ice-induced commercial slip-and-fall cases, determining who is at fault is rarely so straightforward. There are a variety of reasons why this is so.
1. Joint Liability
In commercial property slip-and-fall cases, multiple parties may be responsible, including the property owner (who may not even be on the property at the time of the fall), the manager of the business, employees who have been tasked with the job of snow shoveling, or a snow removal or maintenance company hired to clear sidewalks and otherwise handle snow-removal duties for the commercial entity.
How to Help Prevent Serious Injuries in Motorcycle Accidents
Fall is a popular time to hit the road to enjoy the colorful foliage, and with the ideal mix of warm days and cool nights, there is no better area to enjoy the show than in Wisconsin. To many, the only thing that makes this better is to witness this spectacle of nature astride a motorcycle. Yet nothing can ruin your autumn ride like a serious motorcycle accident. Before you hit the road, it is a good idea to familiarize yourself with the state’s basic motorcycle regulations, and if you become involved in a collision, you should speak to an attorney to determine your options for recovering compensation.
Wisconsin Motorcycle Regulations
- Headlights: Use of headlights is required at all times, including daytime.
- Modulating headlights: These are permitted under the Code of Federal Regulations.
- Eye protection: Shatterproof protective eyewear is required except for cycles with a windscreen that extends at least 15 inches above the handlebars. Dark or tinted eye protection—such as sunglasses— cannot be worn at night or in low-light conditions.
When Can I Pursue Compensation for an Injury from a Dangerous Product?
In 2011, former Wisconsin Governor Scott Walker signed the Omnibus Tort Reform Act, which changed preexisting state laws related to product liability. In particular, Chapter 895 of the Wisconsin Statutes was altered extensively. These changes placed a greater burden on plaintiffs when filing a personal injury lawsuit against a manufacturer or distributor of a potentially dangerous product.
The Reason for the Law Change
The legislative history of Wis. Stat. §895.046 reveals that the legislation was prompted by two Wisconsin Supreme Court decisions, Collins v. Eli Lilly Company, 116 Wis.2d 166 (1984), and Thomas v. Mallet, 2005 WI 129, 285 Wis. 2d 236. Legislators determined that a change in the law was necessary to make Wisconsin a state that was “good for business” because they deemed the Mallet decision as creating a hostile environment for businesses.
When Is Real Estate Litigation Necessary to Address a Mechanic's Lien?
Homeowners often hire a general contractor to perform work on their property. The general contractor, in turn, may hire subcontractors to fulfill specific tasks. When the homeowner pays the general contractor their fee, they may assume that the general contractor will be found at fault if a subcontractor is not paid by the general contractor. However, in some cases, a mechanic's lien may be placed against the homeowner if a subcontractor does not receive payment, and real estate litigation may be necessary to settle issues related to these types of liens.
What Is a Mechanic's Lien?
Mechanic's liens laws, also sometimes called "construction liens, " provide security for laborers and suppliers. The term "mechanic" refers to a physical laborer, such as a construction worker. A lien is the right given to another party by a homeowner to secure a debt. Mechanic's liens give homeowners the incentive to provide laborers with timely and reasonable payment for their work by putting the homeowner’s land up as collateral if payment is not received.
When Is Litigation Necessary to Resolve Business Disputes?
Litigation refers to the activities and procedures of filing and prosecuting a court case. In civil cases, litigation involves a plaintiff seeking redress (compensation) from a defendant. A business can be included in all kinds of commercial litigation, but due to the cost of civil litigation, many businesses instead opt for mediation or arbitration. Business owners are understandably reluctant to engage in costly and possibly brand-damaging legal cases. However, there are instances where civil litigation is unavoidable. The decision to pursue litigation should always be made with the help of a knowledgeable attorney, and a business owner should consider all the relevant factors present in their potential case.
1. Is it Worth The Cost?
Any good business owner spends their money wisely. Litigation can be costly and time-consuming. A plaintiff may spend years in court pursuing a lawsuit, and much of an award resulting from a favorable verdict or settlement may go towards court costs, defeating the purpose of their claim. In other cases, a business that is a defendant might eventually win the case but have their ability to do business harmed due to a loss in reputation. In such circumstances, mediation or negotiation may be preferential.
