| How to Make a Contract Posted: 20 Jul 2016 05:00 PM PDT If you are creating a contract for goods or services, it is important that you protect yourself by ensuring that the contract is legal and enforceable. Knowing the elements necessary to create and execute a contract can help you create an appropriate legal contract. EditForming a Contract - Make a valid offer. A valid offer has three elements: communication, commitment, and definite terms. This means that you must communicate the offer in written, oral, or otherwise understandable form. Your offer must include a commitment to be bound to the terms of the agreement, and the terms must be clear and precise.[1]
- For example, you may say to your neighbor, "I'd like to sell you my 2010 pontoon boat for $5,000. I am willing to finance it for you if you pay me $1000 per month for 5 months." The offer is made orally, there is a commitment (to give the boat to your neighbor in exchange for money), and definite terms (an exact boat and dollar amount are named.)
- An offer has to be considered fair by both parties to be considered valid.[2] This may also be referred to as a "good faith" offer. Fairness is a tricky concept in contracts, but in general, it presumes that both parties will not manipulate the other or try to bend or break the terms through shifty tactics or twisting wording.[3]
- Think about consideration. Consideration in a contract is the agreement by all parties about what they are going to do or refrain from doing. Consideration should be fair and equitable.[4]
- For example, if your neighbor agrees to buy your boat, her consideration is giving you money. Your consideration is surrendering the boat in exchange for that money. The consideration is fair, in this case, if the value of the boat is close to the price that is being asked.
- A fair offer will not provide conditions that are unlikely or impossible to meet. For example, you wouldn't want to stipulate that your neighbor must pay you $1000 per month, in $1 bills, for 5 months. While this is technically legal if your neighbor agrees to it, it places an unusual burden on her and may not hold up if the contract is challenged later.
- Negotiate offer acceptance. An offer alone is meaningless unless it has been accepted by the offeree.[5] The offeree may accept an offer as-is, or she may change the terms of the offer. For most contracts, changing the terms of an offer negates the initial offer and creates a new counter-offer.[6]
- For example, your neighbor may agree that she wants to buy the boat, but she might want you to finance it by accepting $500 per month for 10 months instead. This does not constitute an acceptance of your offer, but a new counter-offer, which you can now choose to accept or decline.
- Take notes. If you plan on having a verbal or oral contract -- which most lawyers don't recommend -- taking notes at the time of making the agreement will help you if the contract is later challenged.[7]
- Taking notes can also help you when you draw up the written contract. You won't have to rely on your memory of the terms because they will all be written down.
EditPutting a Contract into Writing - Have a written contract. It's likely that in everyday use, many offers and counter-offers are oral rather than written (except with real estate). However, it is crucial to have a written contract. Some states require that contracts be written in order for them to be considered enforceable.[8] An oral contract, even if legal in your area, is far more difficult to enforce if one side does not hold up her side of the contract.
- All states determine that some contracts fall within the "statute of frauds." Contracts involving land or real estate, contracts by an executor of a will to pay the debts of an estate, contracts for goods over a certain amount (usually $500), and contracts that will last longer than one year must be put in writing.[9][10]
- There is no concrete, presentable evidence of a verbal or oral contract. If you and the other party later disagree on what the terms of the contract were, neither of you will have proof that your opinion is correct. Courts find it incredibly difficult to rule on verbal contracts. For this reason, any contract involving important, expensive, or time-consuming consideration should be written.
- Name the contract and the parties involved. The contract itself should have a name (something simple such as "sales agreement" or "service contract.") You should also specifically name the parties involved in the contract.[11] If you are going to use a contract repeatedly, you can provide a shorthand representation (such as "buyer" and "seller") throughout the contract, provided that there is a place to provide the legal names of the parties involved early in the contract.
- For example, you might have a "Sales Contract" for the sale of your boat to your neighbor. You will need to specify the buyer, Jane Smith, and the seller, John Henry, in the beginning of the contract.
- If you have a recurring contract, such as for your photography business, you may wish to identify a shorthand representation such as "photographer" and "client." You would say, in this case, Jane Smith (hereafter "photographer") and Robin Jones (hereafter "client") the first time the names are introduced. In the remainder of the document, you can provide "photographer" and "client" rather than specific names.
- Lay out the terms of the contract. The contract needs to specify the exact terms of the agreement. If you are exchanging goods or services, the specific goods or services should be specified along with the expected return (money or an exchange of other goods or services).[12]
 - You may also want to provide specific details about what will happen if the expected exchange is not upheld completely. In particular, consider whether there will be "damages," or remedies for what happens if the contract is breached.[13] There are several types of damages, and they are appropriate for different situations.
- Liquidated damages are penalties instituted if the contract is breached. For example, if your neighbor buys your boat but is late with one of the payments, a liquidated damages clause could state that she will have to pay an additional amount of money for each week the payment is late. You have to be careful with these types of clauses; courts may not want to enforce clauses that seem too much like a punishment.[14] A late fee is likely to be considered a reasonable liquidated damage; requiring your neighbor to return the boat regardless of how much they have already paid you is likely to be considered overly punitive.
- Consequential damages are indirectly the result of the breached contract. They are often difficult to recover.[15]
- If the contract deals with something very expensive or time-consuming, you may wish to include a statement that disputes will be resolved through arbitration or a court proceeding.
- For example, if you are selling your boat to your neighbor, you should specify the make, model, and year of the boat as well as the name of the boat (if it has one) and a serial number if possible. You should also include the exact dollar amount and the terms of the payment. For example, you may specify that your neighbor will pay you $500 per month for 10 months until the $5000 payment is made.
- Include a termination clause. Many contracts, especially those that are for longer periods of time, have a termination clause. This clause lets all parties know how to legally "get out" of the contract without being held responsible for breaching it.[16]
- For example, a rental agreement may specify that the renter may terminate her lease early by giving 30 days notice and paying a fee.
- Provide dates and other details. To ensure that your contract is as specific as possible, be sure to include exact dates. If you want to provide a deadline but events or actions need not occur on a specific date, you can use the phrase "on or before" preceding the deadline.
- For example, you may put in a contract that your neighbor is going to take possession of your boat upon the first payment, to be made on or before June 1, 2015. She will then pay $500 on the first day of each subsequent month until the full $5000 payment has been reached, on or before April 1, 2016.
- If the contract is for the sale of goods or property, provide a clear, fully detailed description.[17] For example: "Jane Smith agrees to purchase a white 2010 twenty-foot pontoon boat from John Henry."
- Provide a signature area. Allow space for all parties involved in the contract to sign and print their names. You should also leave a space for providing the date that the signature is affixed to the contract.
- You may want to have a notary (or at least a 3rd party witness) witness the signatures and sign the document. Even if this is not a requirement for your contract, it could come in handy if one party later claims that the document was forged or modified.
- Witnesses or notaries are normally required for wills, deeds, mortgages, and marriage contracts, depending upon state law.[18]
EditEnsuring that a Contract is Legal - Ensure that all parties have the capacity to enter a contract. In order to enter into a contract, all parties involved must be legal adults (over the age of 18 in most states), of sound mind, and free of mental incapacity that precludes their understanding the content of the contract. [19]
- Some states allow minors to enter contracts with an adult co-signer, and some states may allow emancipated minors to sign their own contracts.
- Being of sound mind when entering a contract means that a person cannot be legally bound to a contract if she is intoxicated or otherwise impaired.
- Do not attempt to write a contract for something illegal. A contract is not legal or enforceable if the goods or services in the contract are illegal.[20]
- For example, you cannot contract someone into prostitution services in a state in which prostitution is illegal. Similarly, you cannot have a contract involving the sale of an illegal substance, such as drugs.
- Do not coerce someone into entering a contract. A contract becomes voidable if someone is coerced, threatened, or blackmailed into signing the contract. All parties must enter the contract willingly and mindfully for the contract to be legal.[21]
- Avoid fraudulent claims or terms within the contract. Be sure that claims and conditions mentioned in the contract are not fraudulent. Contracts based on fraudulent premises, whether or not the fraud was intentional, are not legally enforceable.[22]
- For example, you cannot enter into a contract to sell your boat to your neighbor if you are not the rightful owner of the boat. Claiming that the boat is yours when it isn't constitutes fraud, and will void the contract altogether.
- You can find templates for many types of contracts online. Rocketlawyer, LawDepot, and TidyForm all provide templates. Most contracts, such as rental agreements, must be prepared in accordance with state-specific guidelines, so be sure you are aware of any requirements in your area.
- When signing a contract, the parties should sign as many copies as needed in order for each party to keep one original copy for him or herself.
- Be sure your contract is clear about the work to be performed, loan repayment terms, or item to be sold and the compensation to be provided. A contract does not need to be elaborate or "legalese" in order to be enforceable by a Court. It only needs to clearly describe the terms of the contract, identify the parties to the contract, and be signed by the party against whom the contract is being enforced.
- Until an offer is accepted, the person who made the offer, called the offeree, may revoke or modify the offer.
- You are legally obligated to abide by the terms of any contract you sign. You can be sued for breach of contract, so make sure you understand exactly what the contract covers. Consult with an attorney if you are unsure.
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| How to Recognize the Signs of Meth Abuse Posted: 20 Jul 2016 09:00 AM PDT Methamphetamine is a very addictive psychostimulant.[1] Meth is available in white or light brown powdered form, with visible crystals. This drug is most commonly smoked but can also be taken in injection or pill form. Parents and loved ones can recognize the signs of meth use in order to seek immediate help and help loved ones combat drug use. You can recognize the signs of meth use by looking for physical signs, psychological symptoms, and behavioral indications. EditNoticing Physical Signs - Search for physical changes. Notice any changes in the person's physical appearance. Physical signs are very common among people who abuse meth, unlike with other drugs which may have more subtle effects. Use your observation skills. Do you notice anything different about how the person looks? Any physical illness or complaints? Some common physicals signs of meth use are:[2][3]
- Excessive weight loss due to low appetite.
- Dilated pupils.
- Eyes looking droopy, tired, or having dark circles (this can be due to loss of sleep).
- Eye twitching.
- Look for tooth decay. Meth can adversely affect teeth, turning them brown and causing decay or "meth mouth."[4][5] The person may also have red or sore gums because of damage caused by meth.
- This may look like rotten or browning teeth.
- The person may also have missing teeth.
- You can look up pictures of meth mouth online and compare.
- Check for track marks or nose bleeds. You will notice track marks on the person's arms if the drug is being injected, or nose bleeds if the drug is being snorted. There may also be burn marks on the person's lips or fingers if the drug is smoked using hot glass or a metallic pipe.[6]
- Pay attention to harsh body odors. If a person is using meth, they will often give off a very bad odor. This is due to a combination of the drug use itself and the person forgetting to wash while they are using. Sometimes the odor is similar to the smell of ammonia.[7]
- Identify signs of premature aging. Meth users often start to look old before their time because their skin is damaged, becoming rough and itchy, and their hair can start to fall out.[8]
- Notice any skin lesions. Skin lesions are very common in meth users due to compulsive scratching at the face.[9]
- Look for open sores on the face.
- Observe if the person picks or scratches at his face.
- The lesions often become infected and result in sores and scars.
- Identify long-term health issues. Meth users are more prone to diseases, including high blood pressure and heart diseases. They may also pass away at an early age as a result.[10] The following medical issues can be caused by meth use:
- Hypertension, or high blood pressure.[11]
- Tachycardia, a rapid heart beat.[12]
- Hyperthermia, or a body temperature that is above normal.[13]
- Heart attack, stroke, seizures, and renal/liver failure can result from large doses of meth.[14]
- Respiratory symptoms, such as bronchitis, if meth is smoked.[15]
- Risk for HIV and hepatitis C increase due to risky sexual behaviors and needle sharing.[16]
EditLooking for Psychological Symptoms - Look for the immediate effects. The effects of meth may last several hours to a day or so, depending on the use.[17] After using methamphetamine the person will likely experience:
- Euphoria (due to increased dopamine in the brain).[18]
- Increase in alertness.[19]
- Increased cortisol levels (stress hormone).[20]
- Decreased anxiety.[21]
- Increased confidence.[22]
- Improved attention and concentration.[23]
- Decreased appetite.[24]
- Hypersexuality or an increase in libido.[25]
- Increased energy.[26]
- Hyperactivity – as evidenced by excessive talking and inability to sleep.
- Higher doses of meth can cause: increased anxiety, restlessness, compulsive behaviors, and tremors (physical shaking). These symptoms are often called tweaking.[27]
- Watch out for longer term signs. Due to chemical changes in the brain, some psychological symptoms are also visible. These psychological signs may include the following symptoms and might indicate meth use:
- Impaired judgment or inhibition.[28]
- Hallucinations or delusions, such as seeing or hearing things which others do not.[29]
- Aggressive behaviors upon unavailability of drug (i.e. picking an argument for no reason).[30]
- Increased anxiety or depression.[31]
- Paranoia or believing that somebody is out to get him.[32]
- Social isolation.[33]
- Insomnia.[34]
- Search for life disturbances. Social, occupational, and functional disturbances are very common among people who abuse meth.[35] The school/college life, work life and/or social life of people who use meth is impaired. You can detect signs of these disturbances by doing the following:
- Remain in touch with teachers, peers and close friends. They can help you to keep track of the person's recent activities.
- Keep in touch with colleagues, if the person is employed. They can tell you how the person behaves while at work and can fill you in on their daily routine, e.g when they arrive at work, when they leave, etc.
- Observe the legal, social and financial condition of the person who is suspected of being a meth abuser. Poor social functioning, financial trouble and frequent legal issues are commonly the result of meth abuse.[36]
- Look for signs of impaired thinking. This may show up as reduced cognition or deteriorated memory. Many brain cells are damaged as a result of continuous meth use. This damage is caused by the many caustic chemicals used in meth preparation, and can manifest itself in slower brain function and loss of memory. Look for:[37]
- Attention issues.
- Issues with working memory or solving problems.
- Lowered decision-making skills.
- Catch signs of withdrawal. Withdrawal signs occur when a habitual abuser stops taking the drug.[38] Most symptoms of withdrawal typically subside around seven to ten days after taking meth.[39] Withdrawal symptoms from meth use are mostly psychological and not as physical as other drugs. They include:[40][41][42]
- Anhedonia or decreased motivation.
- Irritability, anxiety, or depression.
- Lower frustration tolerance.
- Low energy or fatigue.
- Sleepiness.
- Impaired social functioning.
- Inability to concentrate.
- Loss of sexual interest.
- Possible suicidality or thoughts of harming one's self.
- Intense craving for the drug – may last up to five weeks.
EditIdentifying Behavioral Indicators - Keep an eye on the activities of the person. The observation of certain activities is very important in identifying the signs of meth abuse. Some common social problems faced by those who abuse meth are:
- Heightened and unsafe sexual activity due to drug effects like confusion and inability to make decisions.[43]
- Excessive aggression leading to relationship problems with parents, peers and siblings.[44]
- Keeping company with those who either abuse drugs or have easy access to drugs.
- Notice hyperactivity and impulsivity.[45] Being hyperactive, impulsive, and having low judgment are commonly associated with meth use. Pay attention to the person's behaviors and notice if they are uncharacteristic of the individual.
- Notice excessive talking.[46] For example, the person may try to finish others sentences and give advice to others, whether he knows anything about the topic being discussed or not.
- Impulsivity may mean the person behaves recklessly and refuses to worry about the outcomes of his risky behavior.[47]
- Pay attention to financial issues. Meth users often have financial issues due to their drug use. For example, some meth users may spend all of their money to get the drug.[48] Keep in mind that it is often difficult for teenagers, who only get pocket money from their parents, to afford drugs, so they find ways to make up for this shortage of money through various means.[49] Some signs of financial issues are:
- Inability to meet financial needs because of excessive spending on drug related activities like buying drugs or supplying drugs for a party. Notice unpaid bills or not being able to afford normal items like food.
- Excessive debt as a result of asking for money from others in order to finance their drug habit.
- Problems with friends and peers over money issues, due to the drug user's inability to pay back debts.
- Problem with parents and complaints over not having any money.
- Inability to report where the money is being spent when asked.
- Stealing.
- Pay attention to the company your loved one keeps. Meth users tend to hang around with other people who abuse drugs. This is one of the easiest ways to detect drug abuse. Meth abusers often have the following kind of company:
- People who abuse meth or any other drug.
- People who have easy access to drugs.
- People who don't pose a threat — i.e. those who won't tell the drug user's family or criticize him for his addiction.
- Be aware of secretive behavior and social isolation. When using, the person may spend the whole day in his room with a closed door, not allowing anyone to enter. Additionally, the person will behave in a very closed off, secretive manner to hide their drug use.[50]
- Look for a meth apparatus in the person's living area. If you find certain drug taking apparatus in the person's headquarters, it is a pretty definite indication that the person is taking meth (or another drug).[51] Items to look out for include:[52]
- The tube of a ballpoint pen or surgical tubing that might have been used to sniff meth.
- A crumpled can of aluminum foil.
- A small bag of white powder or crystals.
- A soda can with a hole on one of its sides.
- A syringe that might be used to inject drugs.
EditUnderstanding the Patterns of Meth Users - Understand the patterns of low intensity users. These abusers intake meth just to enjoy its so-called benefits, such as feeling energetic, euphoric, experiencing increased alertness and sense of power.[53] They are not psychologically addicted to the drug and they mostly take it by swallowing or snorting it.
- Low intensity users may include truck drivers trying to stay alert while driving long distances, workers trying to stay awake through overnight or taxing shifts, a homemaker trying to juggle housework, raising kids, and trying to be a good or "perfect" spouse.[54]
- Be aware of high intensity abusers. High intensity abusers prefer taking meth by injecting or smoking it.[55] They do so to feel high or aroused. They may become psychologically and physical addicted. They continuously intake large amounts of the drug.
- Recognize the signs of binge use. Binge abusers need to take more meth every few hours to maintain a high.[56] They will do this for several days.
- After taking the drug, binge users feel mentally and physically active. They feel a huge rush or high, but can quickly crash.[57]
- Other common symptoms of binge users include: sleeplessness, hallucinations, paranoia, irritability, and unprovoked aggression.[58]
- Binge users often experience punding which is repeated compulsive behaviors such as sorting objects or cleaning.[59]
- Several hours after their last binge, the person may sleep for many days.[60]
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| How to Care for a Bird That Has Hit a Window Posted: 20 Jul 2016 01:00 AM PDT According to the Bird Conservation Network more than 100 million North American birds die every year from window collisions.[1] These accidents are most common during spring mating season. It is illegal to keep a wild bird in your possession indefinitely. However, you can keep it for a couple of hours to allow it to recover from a concussion. EditCaring for an Injured Bird - Refrain from interacting with the bird more than is necessary. More likely than not the bird has sustained a concussion, in which case it should be removed from all stimuli. Anything else will make its condition worse. If it has sustained injuries to its limbs, it will require professional assistance anyway.
- Be prepared. If birds frequently collide into your windows, be sure to keep on hand a towel, a small box (a shoe box is ideal), gloves, and, if possible, safety glasses
- Observe the bird. Often the bird will only need a couple of minutes to recover. You should stay to watch the bird and ensure that no predators attack it before it recovers. If it does not recover within five or six minutes you should be more proactive.[2]
- If you are not comfortable handling a bird you should call the local bird or wildlife rehabilitation center immediately. These can be located with the Wildlife Rehabilitation Information Directory: http://wildliferehabinfo.org/Contact_A-M.htm.
- If the bird has a shoulder injury it might be able to fly for short distances horizontally. However, it will not be able to lift its wings above its shoulders or obtain any elevation in its flight.
- Should or wing injuries will require skilled medical assistance and months of rehabilitation. If the bird seems to have extensive damage to its limbs, call the local bird or wildlife rehabilitation center.[3]
- Conversely, if the bird seems unconscious the bird has sustained head trauma and will merely need a safe place to relax.
- Get a paper towel and cardboard box. Removing all stimuli will significantly increase the probability of the bird recovering from a potentially fatal concussion. You want a small box that will block all incoming light. To make it comfortable you should line it with a paper towel or a soft cotton cloth.[4]
- If the bird is larger, you can place a towel on the bottom of a paper bag and staple or tape the top the bag, leaving enough of a crack to allow for airflow. However, if the bird is large enough to potentially injury you, you should consider avoiding contact and calling for professional assistance immediately.[5]
- Pick up the bird. Use gloves and safety goggles if possible. Hold the bird upright so that it can breathe. Use a firm grip without squeezing. Hold by the wings, near the body.[6]
- Place the bird into the box and shut the box lid. Make sure the box has breathing holes in it. Put the box in a warm sheltered location (out of direct sunlight). Keep it away from predators, including cats.[7]
- Check on the bird periodically. Observe the box every 20 minutes for about 2 hours. When the bird appears to have recovered take it outside.[8]
- Let the bird go. After two hours take the box outside to the woods. Remove the lid. Watch to see if the bird flies away.[9]
- Call experts. If after two hours the bird is not able to fly away you should consult the Wildlife Rehabilitation Directory. Call an expert who can provide specialized care for the bird.
- Do not keep the bird in your possession for more than two hours. It is illegal to keep a wild bird.
EditPreventing Accidents - Move your feeder. If your feeder is close enough to the window, birds won't be able to pick up enough velocity to hurt themselves when flying into it. If it is far enough away, then the bird will be more likely to recognize that the window is not part of the natural environment.
- Ideally you should place your window either less than 3 feet from the window or more than 30 feet from it.[10]
- Use white drapery. Birds are drawn to the reflection of the natural environment that they see in your windows. Installing drapes or blinds will obstruct that reflection. This should reduce the likelihood of them flying into your window.[11]
- You can also place decals on your window. However, to significantly reduce the likelihood of birds flying into the window you will need to have stickers placed no more than 2 inches apart horizontally and 4 inches apart vertically. This would obstruct much of your view. [12]
- Install a bug screen. These can be doubly effective. They will reduce the reflectivity of the glass, decreasing the likelihood that birds will fly into the window. Furthermore, they will provide cushion and reduce the chance of injury if a bird does fly into your window.[13]
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