| How to Terminate a Contract Posted: 30 May 2016 05:00 PM PDT There are many reasons you may want or need to terminate a contract. A contract may be terminated if certain conditions have changed since the contract was created. Some contracts may also be voided if the contract was never legal in the first place. If you decide to terminate a contract, you should make sure that the termination will result in the least amount of damages for you.
EditSample Termination Letters EditTerminating a Contract Legally - Use a termination clause. Many types of long-term and automatically renewing contracts have a termination clause. This gives you the steps you need to take if you want to terminate the contract. A common termination clause says that the person who wants out of the contract must notify the others involved of his intent to do so. This must be in writing and within a certain number of days from when they want to end the contract or when it will be automatically renewed.
- Termination clauses may include fees for early termination. Be sure you are willing to pay the penalty before using the clause and terminating the contract.[1]
- Argue the contract is impossible. If you are unable to perform your obligations due to some impossibility, you may have a legal right to terminate the contract. You cannot be unable to fulfill the contract because of circumstances you caused yourself. It must be either the fault of the other person involved. It can also be the result of an act of nature, such as a hurricane or tornado. [2][3]
- For example, if you agree to sell your boat tomorrow and tonight a hurricane comes and damages it beyond repair, the sale becomes impossible, and both parties can be excused from the contract. [4]
- Claim a frustration of purpose. Frustration of purpose occurs when the reason behind entering a contract goes away. To be able to terminate a contract based on frustration of purpose, the purpose of the contract must be known by all parties involved.[5]
- For example, if you sub-lease an apartment in order to participate in a large local event such as a parade, but the parade is cancelled, you may be able to terminate the sub-lease contract if the other party involved was aware that your purpose for the sub-lease was to participate in the parade.
- Identify a failure of condition. If one party fails to fulfill his end of a contract, that lack of performance may allow the second party to terminate his end of a contract.[6]
- For example, if someone was contracted to paint a wall, the other party was contracted to pay him for his service. If the painter fails to uphold his part of the contract (painting the wall), then the other party can legally terminate his side of the contract (to pay for the service) because the painting is a condition of the payment.
- Negotiate a termination. If you know you want to terminate a contract, contact the other person involved in the contract. Attempt to negotiate an end to the contract. You and the others involved can cancel the contract by mutual agreement at any time. You may want to offer some compromise by offering to pay some type of cancellation fee, returning funds received as a result of the contract, or offering to continue the contract for a few more months. Be sure to put any new arrangement reached in writing and have both parties sign it.
- Claim breach of contract. If the person you are in the contract with knowingly fails to keep the terms of the contract, you may terminate your end of the contract. The person who broke the contract has no right to complain that you ended the contract. Since she breached the contract, they have no say in whether or not you terminate the contract. [7]
EditRescinding or Voiding a Contract - Rescind the contract. Rescission, or cancellation, of a contract returns the people involved in the contract back to the way they were before they signed the contract. It is a complete cancellation of a contract and may be allowed in certain circumstances. You need to look for the cancellation clause in the contract. The clause will have instructions for rescinding the contract. It will also tell you the time frame that you can do this within. If you are still within the time frame, you need to follow the instructions in the contract to cancel it.[8]
- For example, a cancellation clause might say that anyone involved in the contract can write to the others involved in the contract and formally cancel the contract. This can be a pre-made form or simple letter stating that you are rescinding the contract. This is only valid after they allow 30 days to pass from the time they wrote the letter of cancellation.[9]
- Show a Statute of Frauds violation. Each state has a Statute of Frauds, which determines that certain types of contracts must be in writing in order to be legally enforceable. These types of contracts include the sale of goods with a value over $500, the sale of land or real estate, the payment of another person's debts, contracts of marriage, and contracts that cannot be completed in one year.[10] You should be able to terminate a verbal contract for any of these things, since they must be in writing to be legally enforceable.
- Deal with a no cancellation clause. If your contract does not have this clause, check your state's statutes to see if you may be within a cancellation period. You can also check with a lawyer or your state's Attorney General. Some state and federal laws require that certain contracts allow for cancellation within a specific period. This can range from 3 days to an indefinite period, depending on the law.
- For example, the Federal Truth in Lending Act (Regulation Z) lets you cancel certain contracts, in which your home is used for collateral, before midnight of the third business day after signing the contract. Federal law also allows you three days to cancel a contract for the purchase of $25 or more in goods or services from a door-to-door salesperson.[11][12][13]
- You can also look for resources from your State Attorney General's office or on their website.
- Alternatively, you can check court records in your jurisdiction to see how other contracts without cancellation clauses were treated.
- Negotiate cancellation. If your contract does not have a rescission clause and cannot be cancelled by state or federal law, you can try to arrange a cancellation with the other person who signed the contract. You and the other person or people who are part of the contract may agree at any time to cancel it. This can happen even if the contract itself says it can't be cancelled. If you are able to get the others to cancel the contract, be sure you put any agreement in writing. It also need to be signed by everyone involved in the contract.
- Claim Constructive Fraud. You may be able to void a contract because of fraud. There are two kinds of fraud, Constructive Fraud and Actual Fraud. Constructive Fraud occurs when one of the people involved unintentionally makes a false claim about something that the other person relies on. As a result of this action, the person is injured.
- For example, a real estate broker accidentally tells a buyer that the property they want to buy is larger than it really is. Based on this, the buyer purchases the property. The court can find that the broker committed constructive fraud, even though he didn't do it on purpose. If this happens, the broker will have to pay any damages to the buyer and the contract would no longer be valid.
- Declare Actual Fraud. This type, also known as fraudulent misrepresentation, happens when one person intentionally lies about something regarding part of the contract. If the other person believes it and is somehow injured, then it is Actual Fraud. This has to be about something material that can be proven false.[14]
- For example, a painter says he will paint your living room brown using a specific brand of paint. Even if he knows he will use a different brand, the lie is not material. You asked for a brown living room and got one. If the paint works and is brown, the fact that the painter used the wrong brand doesn't matter. If he paints it red instead, he has committed actual fraud.
- Prove lack of capacity. There are certain types of people who lack capacity, or the ability, to make certain decisions for themselves. These people cannot enter into legally binding contracts. Age, mental incapacity, or intoxication can interfere with an individual's capacity to sign contracts. ).[15] If you signed a contract and lack capacity, you can void your contract. If you signed a contract with someone else who lacks capacity, he may terminate the contract at any time.
- For example, Melissa, 17, signs a contract for a mobile phone service without her parents' permission. Since Melissa is under 18 and considered a minor in her state, she cannot be held to the contract.[16]
- Reveal that you entered into a contract under duress. If you were forced, pressured, or blackmailed into entering a contract, the contract becomes void. You must have entered into the contract knowingly and freely, of your own will, for it to be enforceable. [17]
- Show illegality. A contract that is drawn up for something that is illegal is void and unenforceable. This means that either person involved may terminate the contract at any time. In the eyes of the law, there is no contract. For example, Adam agrees to purchase a brothel from Barbara for $500,000. Since brothels are illegal, both Adam and Barbara have the legal right to terminate the contract.[18]
- This is also true if something makes the action illegal after the contract is signed. For example, Adam agrees to lease property to Barbara for a commercial purpose. Just after they sign, the city rezones the property for residential use only. Because the reason for the contract is now illegal, both Adam and Barbara have a legal right to terminate the contract.
- Decide it was a mutual mistake. Mutual mistake occurs when the parties involved in the contract miscommunicated and really never agreed on anything because they did not understand what they were agreeing on. If both you and the other people involved make a genuine mistake in the details of the contract, the contract can be voided if the other person has not yet fulfilled his part of the contract. Once either of you realize the mistake, the contract can be terminated.
- For example, you buy a piece of cattle at a low price because you and the seller believe the cattle is infertile. You later realize that the cattle is fertile. This would raise the price of the cattle from what you paid. In this case, you both made a mutual mistake that can make the contract unenforceable.[19]
EditHandling a Breach of Contract - Identify a breach of contract. A breach of contract occurs when one party fails to uphold his side of the contract without an adequate legal excuse. A breach of contract can be indicated by a failure to perform or by words or actions that indicate future nonperformance.
- Recover your materials. If you are involved in a contract that involves materials (such as the sale of an item), you should be entitled to a full recovery of materials if the other party does not fulfill his end of the contract.[20]
- For example, if you sell a boat to your neighbor and give him an owner-financed payment plan but he stops making payments, you are entitled to a full recovery of the boat, regardless of the amount your neighbor has paid towards the full amount.
- Mitigate your damages. If you are the non-breach party in a contract, you can seek to mitigate (lessen) the damages caused by the other party's breach of contract by seeking replacement goods or services (known as "cover.") If the cover costs you the same or less money than your original contract, you may not be entitled to damages. However, if your cover costs you more, you can ask the contract-breaching party to pay the damages (the difference between the original cost and the cover.)[21]
- Finding cover as soon as possible to the breach of contract can help you show the court that you've done your best to avoid consequential damages, or further expenses due to your own failure to act.[22]
- For example, you may have a contract with a wedding photographer. If your photographer backs out of the contract the week before your wedding, you may need to scramble and find a new photographer at the last minute. If the last-minute photographer costs the same as your original photographer, there are no damages. If the last-minute photographer charges you an additional $500 for the lack of notice, you can ask that the original photographer pay the $500 fee.
- Refuse to perform. If you cannot uphold your end of a contract, you can refuse to fulfill the obligations that are laid out in the contract. Refusing to perform your contractual obligations will constitute a breach of contract and may expose you to a breach of contract lawsuit. Before choosing this option, you should consult with an attorney to ensure that you completely understand all consequences of deciding to breach a contract.
- File a lawsuit against the breaching party. If the other party has breached a contract, you can file a lawsuit for damages incurred due to the breach. Be sure that you have a copy of the contract, can specifically identify how and when the breach occurred, and document any financial or other damages that you accumulated as a result of the breach.
- You can hire a lawyer to file the lawsuit for you, or you can do it yourself at your local courthouse.
- File the lawsuit as soon as possible after the breach. States have varying statutes of limitations for how long after a breach a lawsuit can be filed, but waiting too long can prevent you from being able to take legal action against the breaching party.
- Consider Alternative Dispute Resolution. After a contract has been breached, the parties involved may want to consider using Alternative Dispute Resolution (ADR) as a tool to settle a contract dispute. With ADR, anyone involved in the contract often share the cost of hiring a neutral mediator. This person will assist all of you to work out a mutually agreeable outcome. The ADR process includes an evaluation by a neutral third-party who isn't a lawyer. It also includes a negotiation and mediation.[23]
- Arbitration is another form of ADR. It allows you to take care of the problem without going to court. Arbitration is a good idea in complex cases or when damages are difficult to calculate.[24][25]
- This article is for informational purposes only and not for the purpose of providing legal advice. You should consult with a licensed attorney before taking any action which may affect your legal rights and obligations. If you need additional guidance you may contact a lawyer through your State Bar Association.
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| How to Test Drupal Code Posted: 30 May 2016 09:00 AM PDT This article will guide you in starting to write tests for your Drupal code. We'll assume that the code you're writing is primarily within a custom or 'contrib' (community-contributed) Drupal module.There are many ways of testing a Drupal website, but the most popular ways to test Drupal code is unit testing and integration testing. This article will cover unit testing.The easiest way to write and execute tests in Drupal 7 and Drupal 8 is using the Simpletest module, which this guide will cover. However, note that the Drupal core developers have started to use a different testing framework - PHP Unit - for Drupal 8 development. - Enable the Simpletest module.
- Look through the tests already available on your site. In any Drupal website, all core modules and many contrib modules that are installed will already have many tests written for Simpletest. You can see all of them by going to 'Configuration' > 'Development' > 'Testing'. Looking through them should give you a better idea of what you can test and how you can label your tests.
- Try out the tests that are already available.
- Get your module ready for writing tests. In your module folder, add a file named 'modulename.test'. This is a PHP file that you should add all your tests to. Then in your .info file, tell Drupal about the file using
files[] = modulename.test. - Add your first test case class.
<?php /** * @file * Description of file. */ class ModuleNameUnitTestsTestCase extends DrupalUnitTestCase { public static function getInfo() { // Note: getInfo() strings should not be translated. return array( 'name' => 'Functions tests', 'description' => 'Test that various functions work properly.', 'group' => 'Module Name', ); } } - Write some testing code. Imagine that you've written this function, and you'd like to test that it works properly:
function negate($int) { return $int * -1; } You could write a test (in your modulename.test file, after the getInfo() method) like this: public function testNegates() { $result = negate(5); } - Write an assertion that checks the output of the testing code. At the moment, the method in the previous step doesn't actually check the result of the test in any way. To make sure that the value is what we expect, we write an assertion. In this case, we'll add assertEqual() to our method to check that the result equals
-5. Also, we'll add a message and group to our assertion, which will be helpful when we're running the test later. public function testNegates() { $message = "negate() should return a negative integer."; $group = "Calculation"; $result = negate(5); $this->assertEqual($result, -5, $message, $group); } - Run your first test. In Drupal, go back to the Testing page. Among the list of tests, you should see the name of your module (if 'group' in your getInfo() method equals your module name). If you don't see it, you might need to flush the Drupal cache (specifically, the 'class' cache). Now enable your test using the checkbox, and select 'Run tests'. After a few seconds, you should see your test, and the result! It should be red if the test failed, and green if it succeeded.
- Learn more about Simpletest. You can learn more about the available assertions on the DrupalTestCase page in the Drupal API.
- Test early. As soon as you write code that adds new functionality or fixes broken functionality, write a test to make sure it works as expected.
- Test often. Keep writing tests as you write code so that it becomes a part of your process, and doesn't become a chore you leave to the end and ignore.
- Test automatically. If possible, use tools that allow your tests to be run regularly without you having to run the tests yourself.
- Testing ain't done 'till all the tests run. Making sure you code passes all your tests before handing it off to a client or users means it's far less likely you'll have to come back and fix things later, and it'll improve your reputation and confidence at the same time.
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| How to Diagnose Pink Eye Posted: 30 May 2016 01:00 AM PDT Pink eye (conjunctivitis) is the inflammation of the conjunctiva (the outermost layer of the eyes and eyelids). Pink eye is actually a symptom, not a medical condition. The symptom is linked to a variety of causes — most commonly bacterial and viral infections. Luckily, pink eye is fairly easy to diagnose and treat. EditDiagnosing Pink Eye - Recognize the symptoms. Though itself just a symptom, you can recognize pink eye by the variety of different effects it has on your eyes. You may experience pink eye symptoms in one eye or both, and they commonly include:[1]
- Itching or burning sensations
- Excessive tearing
- The sensation of grittiness in your eyes
- Discharge
- Eyelid swelling
- Pinkish discoloration to the sclera (white portion of your eye)
- Light sensitivity
- Note exposure to any allergens. "Allergic conjunctivitis" (actually allergic keratitis) mimics the symptoms of pink eye. However, the symptoms are simply related to exposure to an allergen rather than a bacterial or viral infection (which are the primary causes of pink eye).[2] You may also notice temporary runny nose and sneezing while exposed to the allergen that subsides within several hours of removing the substance from your surrounding area.
- In the case of allergies, symptoms will likely be most pronounced during spring and fall when pollen counts are highest. Other common allergens include cat or dog dander.[3]
- Seasonal allergies rarely require medical intervention. Try taking an over-the-counter (OTC) allergy medication as directed by the manufacturer.
- Note exposure to any irritants. If you've recently been exposed to higher than normal amounts of noxious chemicals (such as air pollution or chlorine in a swimming pool), then this can irritate your eyes in a way that mimics pink eye as well.[4] If the removing your exposure to the irritant doesn't stop the pink eye symptoms within 24 to 36 hours, then you should see your doctor.
- If the irritant is an industrial chemical or cleaner, then you should immediately flush your eyes with a sterile solution for at least fifteen minutes while rotating your eyes to flush around your entire eyeball.[5] You can call the Poison Control Center at (800) 222-1222 for more information regarding dangerous chemical exposure to your eyes.
- See your doctor. If — based on the previous criteria — you're fairly certain that you have pink eye, you should consult your physician for a precise diagnosis. In addition to clarifying your diagnosis, your doctor will also determine the best treatment regimen for your case. Bacterial conjunctivitis will require a different treatment plan than viral conjunctivitis, for instance.[6]
- Submit to any diagnostic testing. While typically reserved for severe cases or those that haven't responded to other treatment options, you doctor may also ask you to submit to diagnostic testing to determine the exact strain of bacteria causing your pink eye. This will commonly include an eye exam and possibly even samples swabbed from your infected eye for analysis in a lab.[7]
- Your doctor may also run these tests if she suspects that the pink eye has been caused by a sexually transmitted infection (STI) such as chlamydia or gonorrhea.[8]
- If your doctor determines that your pink eye is due to allergic conjunctivitis, but you don't know what it is you're allergic to, then she may recommend allergy testing. This will help you determine the allergens to which you should avoid exposure.[9]
- Though rare, another diagnostic technique is a conjunctival incisional biopsy, which removes a small amount of tissue from the conjunctiva for microscopic examination.[10] This will only be if your doctor suspects a tumor or a granulomatous disease, which affects your immune system's ability to fight off certain bacteria and fungi.
EditTreating Pink Eye - Allow viral conjunctivitis to run its course. If your doctor determines that your pink eye is due to a viral infection, then he will most likely tell you simply to be patient. Your immune system will fight off the virus, and your symptoms will clear up on their own.[11] This form of pink eye usually occurs in association with other cold or flu symptoms.[12]
- In select cases (if your physician diagnoses the herpes virus as the source of your viral conjunctivitis, for instance), your doctor may prescribe an antiviral ointment or eyedrops such as acyclovir ointment or ganciclovir gel.[13] These prescriptions will stop the virus from multiplying and potentially causing further damage to your eye(s).
- Take antibiotics for bacterial conjunctivitis. Many minor cases of bacterial pink eye can clear on their own within a week or two. However, your doctor may prescribe an antibiotic to help clear the infection sooner and reduce the amount of time that you're contagious.[14] A wide assortment of antibiotic eyedrops are available for prescription, and your doctor will determine the best option based on several guidelines, including:
- Allergies you have to any medications.
- Your case history (whether or not pink eye infection has been chronic).
- The exact bacteria responsible for the infection.
- Take the full course of medication. If your doctor prescribes either antiviral or antibiotic eyedrops, then ensure you take the entire course of the prescription. Your symptoms may subside after only several days, but you should still take the medication exactly as directed. If you stop early, you're more likely to experience a recurrence in the infection, and you can also help breed resistant strains of the infection.[15]
- Contact your doctor immediately if you have an allergic reaction to your prescription, such as a rash, hives, difficulty breathing or swallowing, or swelling of your face, throat, eyes, or tongue.
EditPreventing Pink Eye Infection - Wash your hands often. The infections responsible for pink eye are highly infectious. To prevent spreading them to others (or even reinfecting yourself in the case of bacterial conjunctivitis), you should take several preventative measures. Most importantly, wash your hands regularly with warm, soapy water.[16]
- You can also keep alcohol-based sanitizers around for your hands when soap isn't available. Use a hand sanitizer that is at least a 60 percent alcohol solution.[17]
- Do not touch or rub your eyes. Though your eyes may itch or feel gritty while you have pink eye, do your best not to touch or rub them.[18] This transfers the virus/bacteria to your hands and everything else you touch after. Even if you don't have pink eye, touching your eyes vastly increases your risk of accidentally introducing the infection to your eyes.
- When you do have to touch your eyes, such as when cleaning away the discharge from pink eye, thoroughly wash your hands both before and after you do and always use a clean washcloth if possible.
- Wash towels and other items in hot water. You should wash any item that touches your face while you're sick—towels, washcloths, sheets, pillowcases, etc.—in hot water and detergent.[19] This will ensure that you kill any of the virus/bacteria present and prevent it from spreading to others and/or reinfecting yourself.
- You should also avoid sharing these items — or other shareable items such as eye makeup, make-up brushes, etc. — with anyone who is sick and/or while you are sick.[20]
- Clean and store your contacts correctly. Contact lenses are a very inviting environment for the types of bacteria that can cause pink eye. Make sure that you consistently wash and store your contacts as directed by your eye-care professional.[21] These steps are specifically designed to help avoid eye infections.
- You should also throw away any disposable lenses you used while you had pink eye, as well as the lens case you used. For extended-wear lenses, clean them as directed.[22]
- This article is not intended to supplement medical treatment. Only a professional healthcare provider can accurately diagnose and treat pink eye.
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