| How to Write a Breach of Contract Letter Posted: 13 Jun 2016 05:00 PM PDT When one party to a contract fails to perform his or her obligation under it without a valid excuse, he or she is in breach of contract.[1] If a contract that you signed is not being fulfilled, you may wish to write to the other party about the breach. In some cases, this may cause them to make good on the original agreement. If not, you may decide to take the other party to court. In such a case, the letter provides important documentation for a lawsuit. EditSample Breach of Contract Letters EditWriting Your Breach of Contract Letter - Create a letterhead. Your letterhead can be as simple or as elaborate as you wish. At a minimum, it should include your name, address, phone number, and e-mail address.
- If you use Microsoft Word, you can download free letterhead templates on Microsoft's website.[2]
- State the delivery method below the letterhead. Place the delivery method at the top left, one or two lines below the letterhead you created. It should be in all capital letters, e.g. "CERTIFIED MAIL" or "E-MAIL."[3] Check the contract to see if it includes a specific method of delivery for breach of contract notices.[4] If not, you may want to send more than one copy of the letter via alternate methods. The best available options are:
- Certified mail. This is a service of the United States Postal Service (USPS). Certified mail requires the signature of the party accepting the mail. It provides the sender with a return receipt showing the date of delivery. This proof of delivery makes it the best method for sending a breach of contract letter. It is a commonly accepted way of mailing legal documents and providing proof of delivery.[5]Get the return receipt card from the post office and enter your address and the recipient's name and address. The postal clerk will affix it to the envelope.
- Hand delivery. This is a good method if the recipient of a letter lives or works near you. This method works well for breach of contract letters because you know for certain that your letter was in fact delivered. It does not, however, allow for documentation of delivery.
- E-mail. You may choose to deliver your breach of contract letter as an attachment to an e-mail. This is appropriate if you have corresponded with them via email in the past. When delivering any legal letter or document via e-mail, request a delivery receipt. Each email service will have a different process for this. Check the instructions that came with your software or use the help function to learn how. Because some companies do not allow attachments to be opened, you may want to paste a copy of the letter in the body of the e-mail.
- Facsimile, or fax. Sending a letter by fax is appropriate when the recipient uses a fax for business purposes. For example you could send a fax to an attorney or real estate agent. Send the fax to his or her business fax number.
- Create an address block. Address the letter to the appropriate person. If you are aware of an attorney representing the other party, direct all correspondence about the breach to them.
- If you are not sure whether the breaching party has an attorney, you may address the letter to him or her directly. In the case of a company, address your letter to the owner of the company.
- The address block should contain the addressee's full name and mailing address. Place it at the top left of the page, just under the delivery method specification.[6]
- Date the letter. Dating your letter is important as it provides both parties with an easy way of referencing the letter later, e.g. "the letter dated January 13, 2007." It also establishes the date upon which certain events occurred, or should occur. For example, you might demand that the other party cure the breach "within 10 days."[7]
- You can align the date to the left, the center, or the right, whichever you prefer. It should be one or two lines below the address block.
- Address the letter appropriately. As this is a formal letter, you should address the recipient formally. For example, you would write "Dear Mr. Doe" not "Dear John."
- Write an opening paragraph. Your opening paragraph should tell the reader why you are writing to him or her in clear and concise language.[8]
- You may want to say, for example, "I am writing to you today because I believe that you are in breach of our contract dated May 5, 2006."
- Write a paragraph describing the breach. You want to be as detailed and specific as you can to ensure that the recipient understands exactly what he or she did or failed to do. It should be clear why such action (or inaction) was a breach of the contract.[9] When describing the breach, you will want to:
- Identify the part of the contract or agreement that describes what the other party should have done. If you have a written contract, you may want to quote parts of the agreement that specify the other party's obligations.[10] For example, "page 2, paragraph 3 of our agreement states that you will provide all reasonable and necessary clean-up at the end of each day worked."
- Make a clear statement of what the party did or failed to do. Include specific dates if possible.
- Do not make any judgments, and avoid inflammatory language. Just describe the party's action in plain language.[11] For example, do not say "you blatantly refused to pay me what you owe me." You should say, "Your monthly rent payment of $400 was due on March 1st. It is now March 10th, and I have not received payment."
- Describe any remedy provided for in the contract. If your contract specifies what will happen in the event of a breach, describe the remedy it provides.[12]
- For example, if a late payment incurs interest at the rate of 8% and a one-time late charge of $35, you should describe this remedy.
- Again, include the page and paragraph of the contract that contains this information.
- Write a closing paragraph. Your closing paragraph should tell the reader what you will do if he or she does not cure the breach within a given amount of time.[13]
- Be specific, but not threatening in your tone.
- Make sure to indicate a date by which the the offending party should provide a remedy .Generally, the amount of time given to a breaching party to cure the breach is 30 days from the date of the letter.[14] A breach which is not cured usually results in a lawsuit.
- It may be a violation of state and/or federal laws to threaten a lawsuit which you do not have the right or intent to file. A court may consider this extortion. Choose your words for this paragraph carefully.[15] For example, do not say "I will file a lawsuit" or "I will sue you." Instead say, "I will be forced to take appropriate legal action."
- Create a signature block. A signature block should include a closing, a space for the date, a line for your signature, and your typed name beneath the line.
- Common closings for business letters include "Sincerely," "Thank You in Advance," and "Yours Truly."
EditSending the Letter - Prepare the letter for delivery. Print your letter on plain white printer paper, date and sign it, then make a copy for your records.
- If you referred to specific parts of your contract, attach a copy of the contract. State that the letter contains an enclosure. If there are several enclosures, list them individually.[16]
- Indicate an enclosure by the word "Enclosure" aligned to the left, two or three lines below your signature.
- Send the letter. Have your letter delivered according to your chosen delivery method or methods.
- Store your copy of the letter with delivery information. Once you have delivered your breach of contract letter, file away your copy of it with documentation of delivery. The specific documentation of delivery will depend upon your delivery method.
- Certified mail: Check the USPS website for delivery confirmation.[17] Begin checking two or three days after mailing a breach of contract letter via certified mail. Once you receive confirmation of delivery, print it, and staple it to your copy of the letter. When you receive the green "return receipt" card, staple that to the letter as well.
- Hand delivery: After hand delivering your breach of contract letter, make a written notation, in blue ink, on the top right hand corner of your copy. The notation should say something like "hand delivered to (the name and address of the location where you delivered the letter, and the date)." For example: "Hand delivered to Mr. Doe's office at 515 East Main St on April 13, 2015." Include your initials beside this notation.
- E-mail: Once you receive confirmation of e-mail delivery, print and staple it to your copy of the letter.
- Facsimile or fax: If your fax machine prints a delivery confirmation page, staple it your copy of the letter. If your fax machine does not print a delivery confirmation page, make a written notation in blue ink on the top right hand corner. The notation should say something like, "faxed to (the name and fax number of the recipient, and the date)." For example "faxed to Mr. Doe at 313-555-1212 on April 13, 2015." Include your initials beside this notation.
- Wait for a response. Once you've sent your letter, you must wait for the period of time you designated in your letter to see if the other party responds.
- As your stated deadline for curing the breach approaches, you may wish to send another copy of the letter.[18]
- If the other party does what they were supposed to do or fixed the problem, this is called curing the breach.[19] In this case, you will want to file the letter and any other documentation about the breach and cure. It will be important to have if another breach occurs. Send the party a letter stating that the breach has been cured and thank them taking care of the problem.
- If the other party does not respond by fixing the problem, you may want to contact an attorney to discuss your options.[20] You may also want to consider filing a case in small claims court.
- Include a copy of the original contract with your letter.
- Search online for free sample templates which allow you to fill in information to customize the document. This will save you a lot of time instead of creating the document from scratch.
- If the matter is very complex and it involves a substantial amount of money, it's best to consult with an attorney.
- The laws vary from state to state and contract to contract. You may want to consult an attorney about specific requirements for a notice of breach of contract in your state for your particular type of contract.
- Send the letter as soon as you can upon the breach of contract. Most states have a statute of limitations that does not allow you to sue for breach of contract after a certain amount of time has passed.
- The preceding article should be understood as legal information, not legal advice.
- Making threats to sue someone when the law does not provide you a remedy in court can be considered extortion in some jurisdictions. This may be true even if you believe you have that right to sue. Be very careful about making threats in a breach demand notice.[21]
EditRelated wikiHows EditSources and Citations
Cite error: <ref> tags exist, but no <references/> tag was found
|
| How to Grow Black Girls Hair Posted: 13 Jun 2016 09:00 AM PDT African American people have one of the most beautiful types of hair. African American hair grows the same rate as any and every type of hair out there. It's retaining the length that is the problem because of the curl pattern, chemical treatments, and improper care. It is beautiful hair in its own right, but it is fragile, just like African American skin. The key to helping African American hair grow is keeping it strong, healthy, and moisturized. EditWashing with Care - Wash your hair every 1 to 2 weeks with a moisturizing shampoo and conditioner. If you wash your hair more often then that, your hair will end up too dry and brittle. This can lead to breakage.
- If you need to wash your hair more often, consider using just conditioner. This is known a "co-washing" and is safe to use regularly, because it doesn't strip hair of its moisture.
- Consider rinsing your hair with cold water. This will help seal the hair cuticles, and make it appear smoother.
- Use the pads of your fingers to massage your scalp, and never pile your hair on top of your head. If you pile your hair on top of your head as you massage your hair and scalp, you will create tangles and make it more difficult to detangle later on. Instead, massage the hair, starting from close to the scalp and going down to the ends of the hair, to prevent your hair from tangling. Never use your fingernails to scrub your scalp.
- Focus the shampoo on your scalp, and the conditioner on the ends of your hair.
- It may be helpful to wash the hair in sections, especially if you have longer or thicker hair.
- Use a silicone and sulfate-free shampoo. Silicones are great for making hair smooth, but they can only be washed out using sulfates. Sulfates are harsh cleaning agents that strip hair of its moisture, leaving it dry and brittle. If you don't wash the silicones out, you will end up with build-up in your hair, which can leave it looking limp and greasy.
- Just because a product says that it moisturizes, doesn't necessarily mean it's true. Always look at ingredients on the back label rather than empty promises on the front.
- Always follow shampooing up with conditioner to maintain moisture. After you have rinsed the shampoo out, divide your hair into sections, and apply the conditioner. Then, gently comb your hair with a wide-toothed comb. This will allow for a more-even distribution of the product. It will also make your hair easier to detangle later on. Rinse the conditioner out after a couple of minutes (or as per the conditioner's directions).
- Be wary of hard water. If you live in an area with hard water, consider getting a shower filter. Hard water contains minerals that can lead to build-up, and make your hair dry, brittle, and unmanageable. You can also use a chelating or clarifying shampoo once a month instead to clear up buildup and improve the state/manageability of your hair.
EditAdding Moisture and Nourishment - Use a moisturizing, deep conditioner every 1 to 2 weeks. Apply the deep conditioner to damp hair, then tuck your hair under a shower cap. Leave it there for 20 to 30 minutes before rinsing it out.
- Heating caps can be used to boost the performance of the deep conditioner.
- If you do not have a heating cap, tuck your hair under a plastic shower cap, then drape a towel over your head, like a hood. Use a blow dryer to heat the inside and outside of the towel.
- Consider using a moisturizing, leave-in conditioner, followed by a natural oil. The leave-in conditioner will moisturize your hair, and the oil will help "seal" the moisture in. Make sure to cover all your hair with the leave-in and oil.
- You can use just about any natural oil, including: Argan, almond, castor, coconut, jojoba, and olive.
- You can also use natural butters, such as shea butter.
- Consider a hot oil treatment once a month for extra moisture. Heat ½ to 1 cup (120 to 240 milliliters) of oil in a double boiler, then apply it to your hair. Tuck your hair under a shower cap for about 20 minutes, then rinse it out with shampoo. You can use any type of natural oil, such as: Argan, avocado, castor, coconut, jojoba, and olive.
- Don't use a microwave, or you'll destroy the oil's nutrients.
- Warm oil is easier for hair to absorb than room-temperature oil.
- Try an over-night mask with a leave-in conditioner, oil, and setting cream. Apply some leave-in conditioner, oil (such as coconut oil), and setting cream to your hair, then twist it. Cover your hair with a scarf or bonnet, and fluff it out the next day. On the third or fourth night, you can re-twist your hair. Spritz your hair with water to re-activate the leave-in conditioner, and reapply the oil and cream. Use a little bit less product than the first time, since the same products are already in your hair from before.
- Try a protein treatment once every six weeks for extra strength. If you have finer hair, you can use it as often as once a week. You can use either a store-bought protein mask, or make your own.
- Consider massaging egg whites into your hair and letting it sit for ten minutes under a shower cap. Wash it out with cool water, not hot. Egg white contains vitamins which will make your hair healthy and strong.
- Always focus conditioners, oils, and butters on the ends of your hair. These are the oldest parts of your hair, and need the most moisture. Dry hair is brittle hair, and brittle hair tends to break easily. If you don't take good care of the ends of your hair, it will just keep on breaking; it won't "grow" very fast.
EditBrushing, Styling, and Managing - Always use a wide-toothed comb, and never a brush. Fine-toothed combs can snag and break hair, while brushes can lead to frizz. When combing your hair, remember to start from the tips, and work your way up. Never comb straight down from roots to ends.
- You can also gently comb your hair out using your fingers.
- Avoid using heat, if possible, and always use a heat protectant spray when you do. Try to use a lower temperature, if you can, as heat protectant sprays can only do so much. It may take longer to get the results you want, but it will be safer for your hair.
- When heat styling, don't go above 380°F (195°C).
- Great styles that enable you to cut down on harsh heating tools include: roller sets, braid-outs, twist-outs, bantu knot outs, buns, and ponytails.
- Try to air dry your hair whenever possible. This is the safest way to dry your. Consider putting your hair into twists or braids first. When you take them out, after your hair dries, you'll end up with beautiful curls. Avoid drying your hair out in the sun, however, as the sun's rays can be just as harmful to your hair as your skin. If you must dry your hair out in the sun, consider using a UV protectant spray for hair first.
- Be gentle with your hair when towel-drying it. Never rub your hair with a towel, as this can lead to frizz and breakage. Instead, gently pat it dry, preferably with a microfiber cloth or towel. You can also use a t-shirt instead. To preserve your curls, consider wrapping your hair in a microfiber towel or t-shirt instead.
- Keep your strands protected at night by using a satin pillowcase. If your hair is long, or not already in a protective style (such as braids or twists), consider putting your hair into a high ponytail or high bun. This will help preserve curls and prevent your hair from getting tangled and roughed up as you toss and turn throughout the night.
- You can also use a silk or satin scarf or bonnet instead.
- Cotton pillowcases are not recommended because they draw the moisture out of your hair. They also tend to be coarse, and can lead to snags, frizz, and breakage.
- Keep your hair in braids or cornrows to reduce breakage and hair loss. At the same time, however, avoid braiding your hair too tightly, as this can weaken the hair follicles and lead to hair loss. Also, remember to care for your hair and scalp. You should wash and condition your hair at least every two weeks.
- After taking your braids out, be sure to detangle your hair before washing it. If you don't do this, your hair will get matted.
- Consider giving your hair and scalp some time to recover from the pulling involved with braiding/twisting every once in a while.
- Remember to keep your hair moisturized. Dry hair is brittle hair, and brittle hair breaks. If your hair breaks, it won't appear to "grow."
- Eat right, exercise frequently, and take Vitamin B & C supplements, and Biotin. Deficiency of Biotin makes hair thin and break easily. Increase your protein intake with foods like fish, beans, eggs and nuts.
- Apply a natural oil to damp hair ten minutes before shampooing. This will help nourish and moisturize it.
- Don't grease your scalp. Oil it instead. Grease creates build up and can block the pores on your scalp, preventing hair growth.
- Use oil and spray spring water on your hair to make styling easier.
- Don't play with your hair too much. Excessive manipulation can cause accidental breakage.
- Don't go too tight with braids, cornrows, and weaves. This will strain your hair, leading to breakage and hair-loss.
- Co-washing, or washing with just conditioner, works for many people, but not for everyone.
EditThings You'll Need EditProduct Suggestions - Moisturizing Shampoos: Crème of Nature (red or green labels), Elasta QP Crème Conditioning Shampoo, Keracare Hydrating Detangling Shampoo,Nexxus Therappe Shampoo, Softsheen Carson Breakthru Shampoo, Elasta QP Shampoo for Relaxed Hair, Neutrogena Triple Moisture Shampoo, Kenra Moisturizing Shampoo, etc.
- Good Moisturizing Conditioners: Organic Root Stimulator Replenishing Pak (the packs also come in a bottle labeled 'Replenishing Conditioner'), Suave Humectant, Keracare Humecto, Queen Helene Cholesterol, Lustrasilk Cholesterols, Le Kair Cholesterol, Hollywood Beauty Olive Oil Cholesterol, Silk Elements Mega Treatment, Africa's Best Hair Mayonnaise etc.
- Oils: Unrefined virgin coconut oil, extra virgin olive oil, Hot 6 oil, Jojoba oil, Kemi Oyl, Africa's Best Herbal Oils, any Doo Gro oils, Jamaican Black Castor Oil or regular castor oil etc.
- Leave-in conditioners: Herbal Essences Long-Term Relationship Crème, Silken Child Leave-in, Sunsilk Straighten-Up Crème, Cantu Shea Butter Leave-In Conditioner, Crème of Nature's leave-in conditioner, etc.
- Daily Moisturizers (can be used interchangeably with a leave-in conditioner): Sunsilk TLC Crème, Organic Root Stimulator Olive Oil Crème, Hollywood Beauty Olive Oil Crème, Neutrogena Silk Touch leave-in
- Heat Protectants: Aveda Brilliant Serum, Fantasia IC Polishing Serum, Organic Root Stimulator Olive Oil Serum, Chi Silk Infusion Gloss, Tresemme Heat Tamer Spray, etc.
EditRelated wikiHows EditSources and Citations |
| How to Identify Gallbladder Disease Posted: 13 Jun 2016 01:00 AM PDT The gallbladder is a small organ. Its primary function is to store bile created by the liver, but it also assists with digestion. Gallbladder disease is more common in women, overweight people, people with gastro-intestinal problems and those with high blood cholesterol levels. Gallstones are the primary cause of gallbladder disease; however, two uncommon causes are gallbladder cancer and gallbladder attack, or Cholecystitis. Identifying the symptoms of and seeking treatment for gallbladder disease can help you avoid discomfort and medical complications. EditIdentifying Symptoms of Gallbladder Disease - Watch for early symptoms. A few of the earlier symptoms of gallbladder disease include gas, burping, belching, heartburn, feeling bloated, constipation or indigestion. These signs can be easy to miss or diagnosed or dismissed as a less serious problem, but early intervention can be key.
- These symptoms indicate that food is not digesting properly, a common occurrence with gallbladder disease.
- Be aware of symptoms that mimic the stomach flu or a mild case of food poisoning. These symptoms may include persistent nausea, queasiness, constant fatigue and vomiting.[1]
- Assess your pain. Gallbladder problems can often manifest as pain in the upper abdomen that radiates to your right shoulder. This pain can either be constant or it can come and go, depending on the cause of the specific gallbladder problem.[2]
- This pain may be worse after a meal that is high in fat.[3]
- Notice offensive body odor or excessive bad breath.[4] If you have always had body odor or halitosis (chronic bad breath), it is unlikely to mean anything. However, if these develop suddenly and don't go away in a few days, they could be signs of an underlying problem, such as gallbladder malfunction.
- Check your stools. One of the clearest signs of a gallbladder problem is stools that are light or chalky in color stools.[5] Lighter, loose stools may be the result of insufficient bile. You may also have darker than usual urine with no change in water consumption.
- Some people experience diarrhea that may last up to three months or more and may have up to ten bowel movements per day.
- Watch for signs of fever, chills and shivering. These generally occur with more advanced stages of gallbladder disease.[6] Again, these are symptoms that are common with other diseases, but if you've had stomach problems and other indicators of gallbladder disease, a fever could be a bad sign that the disease is progressing.
EditSeeking Medical Treatment - See your doctor if you experience any of the symptoms associated with gallbladder disease. If you are experiencing symptoms, if your symptoms are worsening, or if you develop new symptoms, see your doctor as soon as possible.
- Some gallbladder problems, such as smaller gallstones, will not require invasive medical treatment.[7] These can resolve on their own. However, a doctor's visit is needed to rule out worse problems.
- Schedule an ultrasound of your abdomen.[8] To determine how effectively your gallbladder is functioning or whether there are large obstructions to the organ, an ultrasound will be needed. The ultrasound technician will check for gallstones, bile flow, and signs of tumors (which are rare).[9]
- Most polyps found in the gallbladder during the ultrasound are very small and do not need removal. Your doctor may want to monitor smaller polyps through additional ultrasound examinations to ensure they do not grow. Larger polyps generally indicate a greater risk of gallbladder cancer.
- Removal of gallbladder polyps is at the discretion of your doctor.
- Schedule gallbladder surgery if necessary. Many gallbladder problems are resolved with the removal of large gallstones or the gallbladder itself (cholecystectomy).[10][11] The body can function normally without the gallbladder, so do not be alarmed if your doctor recommends its removal.
- Gallstones are almost never treated with medicine. It takes years to dissolve the stone with medicine, and the stones that can be treated effectively are so small that it almost never worth the bother.
EditRecognizing Common Gallbladder Problems - Learn about gallstones. When gallbladder digestive fluid hardens into deposits, it can create gallstones. These deposits can range in size from the size of a grain of sand to a large golf ball.
- Watch for signs of jaundice. You will notice a yellowish tint to the skin or the whites of your eyes and white or chalky stools. Jaundice usually occurs when gallstones block the bile duct,[12] causing a backup of bile into the liver. The bile may begin leaking into your bloodstream.
- Identify symptoms of Cholecystitis. Cholecystitis is an inflammation of the gallbladder. It can be caused by gallstones, tumors, or other gallbladder problems.[13] These attacks often result in severe pain that can generally occur along the right side of the body or between the shoulder blades. This pain is often accompanied by nausea and other stomach discomfort.[14]
- A buildup of too much bile in the gallbladder can cause gallbladder attacks.
- Realize that your diet affects your gallbladder. Large or fatty meals can trigger a gallbladder attack.[15] The attacks often occur in the evening, within hours of eating.
- Gallbladder attacks are usually a symptom indicating that something else is wrong with the gallbladder. If gallbladder function is compromised and the gallbladder doesn't empty as quickly as it should, a gallbladder attack may occur.
- Cut back on greasy foods.
- Doctors advise their patients to drink water and to eat a balanced diet.
- Over the counter digestive enzymes can greatly help lessen the frequency of symptoms such as gas and pain by helping break down fats, dairy, and large meals.
- Avoid foods that may trigger attacks, like fatty meats, cauliflower, spicy foods, pork and eggs. Seeds and corn are also known to aggravate the gallbladder.
EditRelated wikiHows EditSources and Citations
Cite error: <ref> tags exist, but no <references/> tag was found
|
No comments:
Post a Comment