Myths about legal matters are swarming the internet. People don’t give much thought, like mistakes about property rights, old lore, such as possession is nine-tenths of the law, and not taking a contract seriously because it was signed under duress. If they had, they would have realized that they were in the wrong.
When it comes to such life-changing decisions, you shouldn’t let fables guide you. Not only do they stop you from making a sound decision, but they push you to act fast because of the urgency created by fear. Our nation’s laws can be a little difficult to understand sometimes. The complicated language is often misinterpreted, and with people reading information on random websites, the truth gets muddled.
We are here to set the record straight. As experts in all kinds of legal matters, we know full well the havoc legal myths law Boca Raton, FL Florida can cause. Let’s begin:
I Hired You So, I Own the Intellectual Property
In intellectual property matters, ownership misunderstandings are rampant. Most business owners assume they have the trademark registration for it just because they started a new business. This is not the case! The registration process for the trademark is independent, and you have to create a legal contract to assume ownership.
Similarly, if you hire someone for a project, you do not own their idea or invention. Unless you have an agreement in place that states you will get the rights, the contractor is the intellectual property owner.
I Can File a Civil Case Anytime
Civil cases have a deadline. According to the Limitation Act 1963, all civil cases have a time frame in which they must be filed. The time ranges from 3 months to 3 years. Once the time is up, the court doesn’t accept your case, and even if it somehow makes its way into the courtroom, the defense attorney asks for dismissal.
In certain cases, if the injured person is a minor who can’t file the case, the court extends the time frame so they can have their day in court.
If Someone Gets Injured on My Property, I am Liable for the Damages
No! In the case of criminal acts or an injury caused to someone by their own clumsiness or negligence, you are not held liable. The person injured needs to prove that because of your negligence, they were injured.
For example, you are removing a tree on your property. After multiple attempts, you fail and decide to call a professional service. The person arrives with his bag of tools and gets down to business. Suddenly, he screams in pain and jolts upright. When you see his knee bleeding, you call the ambulance immediately. Turns out, you had left the chain saw out in the open, and it got covered by the leaves. When the trimmer got down on his knees to inspect the cut you made, he got injured.
In this situation, you are at fault because you should have put the tools away.
I Signed the Contract Under Duress So, I Am Not Bound By It
What do you think is considered duress?
Duress involves any situation where someone is threatening you or causes you to get backed into a corner.
Here’s an example to help you understand this: A retail owner wanted to partner with an online retail owner to save his business. The deal was that they would split the profits 50/50. However, the online retail owner changed his mind and said that the profits would be split 70/30, with him getting the larger share. The retail owner had no choice but to sign the contract; otherwise, he would have gone bankrupt.
This is not duress! The owner knew what he was getting into, and he still signed the contract. Now, if the retail owner had been blackmailed, it would have been a completely different story and might even have a chance in court.
Every Attorney is the Same
All attorneys have to graduate from law school before they can practice. However, this doesn’t mean an attorney can handle injury cases and property dispute cases. Every attorney focuses on a practice area to gain experience in a particular field. They build a legal team that is well-versed in the field to assist with the case.
There are dozens of more myths like these out there that are spreading like wildfire. Instead of reading them and doing a quick search on them, why not get in touch with a lawyer to find out the truth. If you are currently dealing with a legal matter, visit Bernstein Polsky to get an experienced attorney to fight for you. To get in touch with them, dial 954-997-9947.