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Baill Bond Advantages
Bail 2 GO is inarguably the best bail bond agency around. We are based in the Kissimmee area in
Florida. Our team of well trained top notch professionals are every ready to deliver high–quality
services to our clients in dire need of our services. We understand how unpleasant it is to be in jail
or have loved ones in jail. Bail 2 GO is always ready to give a helping hand, making things easier
for you and our loved ones. Bail 2 GO bond agency offers what other agencies find tasking to offer.
We modify our services to fit each client; no two clients are alike, and we take pride in handling our
clients the best way possible. We have mastered the art of simplifying the frustrating bails bonds
system, bringing about a hassle free, timely and ... Show more content on Helpwriting.net ...
Businesses and individuals use this services to scrutinize potential clients, business partners and
questionable characters around them. We give you all the info you need in less than 24 hours. Free
skip tracing Bail 2 Go offers businesses and individuals free skip tracing services. This is used by
our clients to find missing loved ones and to find out if someone important to them has skipped bail
or is behind on their payments. Let us help you now!!! We make bail bonds easy..... Client fact Most
of our clients are newbies when it comes to bail bond services. It is a very stressful situation when
you or a loved one is arrested and jailed. At Bail 2 GO makes it our job to get you out of jail as fast
as possible. Our clients attest to the fact we are the best in the business. Customer tip Flexibility is
key!!!! Do not settle for a Kissimmee bail bonds agency ready to go the extra mile for you. All bails
bonds agencies charge the same, but they are not equal in terms of customer satisfaction and
experience in dealing with cases. Bail 2 GO offers flexible services, no collateral bonds and tailored
payment options. We see our clients like family, and we treat them as
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The Rules For Construction Of Guarantees And Indemnities
The rules for construction of guarantees and indemnities have recently changed course creating
significant judicial confusion and debate over the correct approach. The High Court decision in
Andar Transport Pty Ltd v Brambles Ltd ('Andar') has reinstated the views in Ankar Pty Ltd v
National Westminster Finance (Aust) Ltd ( 'Ankar '), that the liability of a surety is strictissimi juris
and that ambiguous contractual provisions should be construed in favour of the surety. However,
Andar's application of guarantee construction principles to the interpretation of indemnities have
created confusion and debate about the position of from the courts earlier commercial construction
favoured in Darlington Futures Ltd v Delco Aust Pty Ltd ... Show more content on Helpwriting.net
...
First, a guarantee is "a collateral contract to answer for the debt, default or miscarriage of another
who is or is contemplated to become liable to the person to whom the guarantee is given". The
surety or guarantor gives a guarantee to the creditor or guarantee to ensure the performance of
obligations of a principal debtor, and can extend to "existing or future legal obligations arising from
contract, bailment, tort or an unsatisfied judgment". Second, an indemnity is "a promise to protect
another against loss from an event or events, or set of circumstances" and is "elastic and may be
used more generally to describe any arrangement under which a party is not to suffer loss". The
promisor will therefore indemnify the other party from any loss occasioned from the circumstance.
However, despite similar objectives, the two methods of surety do undertake a different promise and
assume a different nature of liability, and this distinction of obligation is accordingly a matter of
construction.
The different liability of guarantees and indemnities ensure that the different instruments are
commonly used together to cover all bases, or separately according the outcome of risk allocation.
Typically, the nature of a guarantee is to secure the performance of a principal debtor, however
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The Amendment to the Trade Practices Act 1974
Prior to its amendment in 1986, the Trade Practices Act 1974 (Cth) was aimed at protecting
corporations and big businesses against unfair trading. The amendment led to the incorporation of
section 52A, which was then later "repealed in 1992 when sections 51AA and 51 AB were enacted
to replace it. The new section did not really extend the law a great deal and only section 51AA
contained anything new" .
"Section 51AB is an exact re–enactment of section 52A... it prohibits a corporation acting in trade or
commerce, in connection with the supply or possible supply of goods or services to a person, from
engaging in unconscionable conduct. It therefore applies specifically to consumer transactions."The
amendment to the Trade Practices Act 1974 ... Show more content on Helpwriting.net ...
As an intending shareholder in the company, she relied on the information given to her by Mr
Freeburn, and acquiesced in his negotiating on behalf of them both in making arrangements for the
credit facility and for the giving of the guarantee in connection with that facility. The appellant's
case is that the creditor's duty to disclose to the surety unusual and unexpected features of the
transaction between the creditor and the debtor extends, in circumstances such as those which
existed in the present case, to the disclosure to one co–surety of adverse information acquired by the
creditor concerning the financial worth or credit–worthiness of another co–surety. On the other hand
the respondent submits that the duty does not go so far and that it is limited to the disclosure of
unusual and unexpected features in the transaction which is the subject of the guarantee or in the
relationship between the creditor and the debtor. Obelon was entitled to assume that the appellant
was aware of Freeburn's financial position and that, being aware of it, she was prepared to enter into
the guarantee. And, quite apart from the finding made by the primary judge, there is the
circumstance that, generally speaking, a co–surety as well as the creditor may reasonably be
expected to make his or her own inquiries
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Surety Bond Research Paper
How a Surety Bond Protects Your Business
There are many forms of business insurance options that protect your business. If you are like many
business owners, then you have quite a few. You may have commercial general liability insurance,
workers' compensation insurance, and commercial property insurance. However, do you have surety
bonds to protect your business from non–performing contractors?
What Is a Surety Bond?
A surety bond is an agreement between three parties: the party requiring the work, the insurer, and
the party performing the work. A surety bond protects the party who requires the work if the
performing party doesn't perform their job duties. Typically, contractors, manufacturers, and vendors
are required to have a bond due to
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The Integration Clause Contained Herein
In further support of its position that the 2007 agreement constitutes a substitute contract, National
Surety cites the integration clause contained therein which provides: "[t]he Parties do hereby
acknowledge and agree that this Agreement constitutes their entire understanding with respect to the
matters herein set forth." (E. 890; Appellant's Brief at p. 10) This argument is easily dispensed with
because the scope of the integration clause is limited "with respect to the matters herein set forth."
In this case, the "matters herein set forth" relate only to the payment dispute that arose toward the
completion of the project. Not only is the integration clause in the 2007 agreement clearly not broad
enough to nullify the AIA Contract, it ... Show more content on Helpwriting.net ...
(Appellant's Brief at 12, 15 (quoting Leisner, 252 Md. at 555 ("There does not have to be an
expressed intention to substitute the new agreement for the previous contract.")). Not only does this
conclusion belie the terms of the 2007 agreement that expressly incorporate the AIA Contract, but
this conclusion defies common sense. The parties do not dispute that the 2007 agreement arose out
of a payment dispute between WCS and Metropolitan. The bargain reached in that agreement was a
compromised sum of payment to WCS in exchange for the release of WCS's claims for payment.
Neither the text of the 2007 agreement nor the circumstances of that transaction evince any reason
why the parties would have agreed to revive National Surety's subrogation rights, as those rights had
nothing to do with the subject of the 2007 settlement agreement. Stated differently, the consideration
exchanged in the 2007 agreement indicates that the Waivers did not come within the scope of that
agreement. The truism that the 2007 agreement is not a substitute contract is further demonstrated
by the fact that counsel for National Surety expressly conceded to the Circuit Court that the 2007
agreement was intended to discharge fewer than all the rights and obligations of the AIA Contract.
[NATIONAL SUREY]: They want to put the relationship to bed, binding, and ignore the old
agreement in replacement for the rights and obligations under this agreement. THE COURT: With
some
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Case Study : Hunt Construction Group Inc.
Case Number and Title United States Court of Appeals Seventh Circuit, Case Number 06–4335
Hunt Construction Group Inc. vs. Allianz Global Risks U.S. Insurance Company
Parties Involved
Hunt Construction Group Inc.; Plaintiff–Appellant
Allianz Global Risks U.S. Insurance Company; Defendant–Appellee
Seventh Circuit of Appeals Presiding Judges: o Richard A. Posner o Joel M. Flaum o Daniel A.
Manion
Project Specifications (Name, Type, Contract Amount, Location) Name: Edward H. McNamara
Midfield Terminal (Northwest WorldGateway) Type: Airport Main Terminal Contract Value: $420M
Location: Detroit, Michigan
Place and Date of Case Place: Detroit, Michigan Date Decided: October 1st, 2007
Summary:
The Plaintiff, Hunt Construction ... Show more content on Helpwriting.net ...
The insurance policy issued to hunt did cover fire damage, as most builders risk policies due;
however, it also covered almost every other kind of damage that a construction company might
encounter as well, and Hunts damages were mostly caused due to water damage. In order for Allianz
to call the builders risk policy a fire insurance policy, and subject the policy to have the Plaintiff
seek indemnification that was not caused by fire or means covered in a "fire insurance policy", there
are several ramifications involved.
Fire is one of the risks of a construction project against which Allianz's policy insures; yet it is only
one, and given the wide range coverage of the policy, it seemed odd to the presiding judges to
classify it as a fire risk insurance policy. A fire insurance policy is subjected to 19 separate
requirements, and until 1990, Michigan legislature, rather than trying to define "fire insurance
policy", provided that a "standard fire policy" (with all 19 mandatory minimum provisions) would
not be required for a variety of types of insurance. The structure of this Michigan statute implied
any form of insurance that was not exempt was a "standard fire policy", including a builders risk
policy, and so the 19 mandatory provisions would have to have been included when indemnity was
sought after. However, this legislature was repealed in 1990, well before Allianz issued the
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Explain Why Medical Services Should Be Free Essay
Imagine if you were poor and had to pay tons of money to the hospital for your treatments. Would
you be happy if you had to depend on money to save your life? Probably not. Most people aren't
happy that medical bills are excessively high and overpaid, either. Studies show that almost half of
insured Americans say rising medical costs are a huge problem. These bills tend to be the second
most common financial worry among Americans and not having enough money to pay for them.
Your life shouldn't depend on having money and since taxes don't provide medical benefits, medical
services should be free. One reason that medical services should be free is that most Americans
don't have enough money to pay for them. For example, in the article Worried About... The
Financial Impact of Serious Illness? by Dennis Jacobe, it is said that, "...many insurance policies
will not cover certain types of treatments." This ... Show more content on Helpwriting.net ...
First of all, in the article Private Health Insurance: Potential Tax Benefit of A Health Insurance
Deduction proposed in H.R. 2990: HEHS–00–104R, the author explains that if, "...H.R. 2990 had
been the law in 1998, about 39 million people could potentially have benefited from the proposed
tax deduction..." H.R. 2990 could have potentially helped so many people and with this extra
money, they could pay for medical care, if needed. In addition, the article Medicare Home Health
Agencies: Role of Surety Bonds In On Increasing Scrutiny and Reducing Overpayments: HEHS–
99–23, the author writes that a surety bond, "...imposes a greater burden on them without a
demonstrated commensurately greater benefit." The surety bonds are supposed to be increasing
scrutiny and reducing overpayments, but they haven't been proved to work and they just make the
stress worse. These articles want to show that overpaid taxes and medical bills are absurd and the
laws that are trying to help, don't make it any
... Get more on HelpWriting.net ...
Bail Bond Process
When a family member or close friend goes to jail, the remaining loved ones will want to help with
the bail bonds process. Unfortunately, most people don't have a lot of experience with the process so
it can be overwhelming, confusing and a touch frightening for all parties involved. Choosing a bail
bonds company is one of the most important considerations for removing a loved one from jail. It's
imperative that the bail bonds company is made up of professionals that know what they are doing.
The Bail Process The process of bailing someone out of jail refers to the amount of money paid to
the court to release the prisoner. Once the prisoner is released, the bail helps to ensure that the
defendant shows up for their court date. A prisoner who doesn't show up for court can cause the bail
to be forfeited. Often, defendants will show up for court because they don't want their loved ones to
lose their money. Bail varies depending on the crime, the defendant's ... Show more content on
Helpwriting.net ...
Unfortunately, many cases can require tens of thousands for the cash bail amount. The more popular
option for bailing a loved one out of jail is bail bonds. Bail Bonds The bond itself shouldn't take
more than a half hour to obtain, but once the bond is obtained, it could take hours to have the
defendant released. The bail bonds company requires a percentage of the total bail up front before
they'll put up the rest of the bond amount with the court. In California, the maximum premium is
10% of the bond requested by the judge. The Process Explained Responsibility When a family
member or friend of the defendant asks Espinosa Bail Bonds for help, the company will explain the
family's responsibility when securing the bond. The defendant's family or friend becomes the
cosigner. The cosigner is promising to have the defendant at all his or her court appearances. Failing
to
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Advantages And Disadvantages Of Working Money
3) DRAWING POWER
Drawing Power is the amount of Working Capital funds the borrower is allowed to draw from the
Working Capital limit allotted to him. Because the working capital limit is usually allotted to a
borrower against security of Stock and Book Debts, the amount of funds a borrower is allowed to
draw is calculated by considering the total value of Stock plus total value of Book Debts for the
month after deducting the margin. It is for this purpose that the borrower must regularly submit
Stock and Book Debts Statement and Statement of Trade Creditors.
Thus, in a way Trade Creditors also finance the borrower's stock and hence the stock purchased
under credit being unpaid stock, cannot be provided as security to Bank. Hence total amount ...
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There are three parties to a contract of a guarantee. The person who guarantees the performance of a
promise or the liability of a third person is called the guarantor (surety). The person, on whose
behalf the guarantee is given is the principal debtor, and the person to whom the guarantee is given
is called the creditor.
The obligation of the surety, under a guarantee issued, arises when there is a default to perform the
promise by the person on whose behalf the guarantee is given. The liability of a surety runs parallel
to the liability of a principal debtor towards the creditor. On failure of the principal debtor to
perform the obligation under the contract, the liability of the surety with respect to the guarantee
starts. The bank may be called to perform its obligation under a bank guarantee issued by it.
Therefore, though bank guarantees are non–fund credits, the probability of their turning into fund–
based credit is high.
In order to ensure that the guarantee executed by the banker does not remain in force for an
indefinite period, it is stipulated that the guarantee would remain in force the period specified
therein, on the expiry of which no claims would be entertained by the
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Major Phases Of A Company Growth
9. The three major phases of a company growth are the entrepreneurial phase, the managerial phase
and the consolidation phase. First, in the entrepreneurial phase a company focuses on its core
activities and on which market paths it should follow. Moreover, in terms of their facility, its policy
can be expected to emphasize on its functional needs rather than expending resources on symbolic
features. Additionally, there might be some uncertainty regarding the company future and a lack of
access to professional knowledge of space management, which may cause overcrowding and badly
chosen timing of relocation.
Second, during the managerial phase a company still focuses on its fundamental activities. .
However, now the company can now adopt workspace layout reflecting hierarchical tendencies. In
addition, new problem may occur requiring experts because of special space requirements.
Likewise, because of lack of management focus on the distribution of the space, issues related to
facilities and support services are dealt irregularly.
And third, during the consolidation phase skills in facilities management are available and use more
constantly. Dependence on cross–functional teams and calculated experimentation with teleworking
and other alternative work practices can be expected to imply changes on the layout of the company.
Also, companies should consider to exploit the opportunities to introduce facility management
procedures.
10. There are several reasons of why a
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Chad Handyman Services Case
After examining the different business formats that are available, it has been decided to stay with the
limited liability partnership is the most prudent business organization choice. Although the company
has added additional employees it will not change its organization title. This decision is based on the
liability clause that will limit losses due to faulty workmanship, and the taxation laws regarding
LLCs, by having a favorable tax code. While performing duties as a business invitee, a client's pet
was uncontrolled on the homeowner's premises and caused Dad and Chad to lose control of a
Jacuzzi tub causing bodily injury to Dan and several thousand dollars in property damage. Based on
homeowners insurance the owner of the premises is liable. According to Goguen (2014), "As a
homeowner, you have a duty to actively inspect for potential hazards on your property, and to make
reasonable repairs to protect invitees from hazards of which you are (or should be) aware if it ...
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If they would have agreed to a guaranty loan the bank would have to make a reasonable attempt at
collection from Dad and Chad Handyman Service first. According to SUO (2014), when parties
enter into a surety agreement, the author states, "If the debtor fails to pay the creditor, the creditor
can seek payment from the surety without trying to collect from the debtor" (SUO, 2014).
Therefore, the bank can seek full payment from Bill. And if Bill pays the outstanding debt he can
seek repayment from Dad and Chad Handyman Service and both Dad and Chad. Twomey and
Jennings (2014, p. 674), states, "When a surety pays a claim that it is obligated to pay, it
automatically acquires the claim and the rights of the creditor. This stepping into the shoes or
position of another is called subrogation" (Twomey & Jenning, 2014, p.
... Get more on HelpWriting.net ...
Licensee Home Loans Case Study
The Licensee's website, www.semperhomeloans.com, refers to FHA, VA, and USDA loan programs
and the Licensee's website, www.myvaloanoffer.com, refers to VA loan programs but neither contain
the Equal Housing Lender logo. The Department recommends all written and visual advertisements
referring to FHA, VA, and USDA mortgage loan programs include the Equal Housing Lender logo
and legend Semper Home Loans, Inc. has policies in place to prevent a customer information
breach; however, the Licensee does not have policies or procedures describing a plan of action in
the event of a customer information breach. It is the recommendation of the Department of Financial
Institutions to modify the company's policy to provide for actions to be taken in the
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Present E Adr Inc.
Present e–ADR Structures As noted, the bigger piece of e–ADR Suppliers working at this time don
't use tying procedure and thusly, the benefit to go to court once more is not lost. Particularly,
various European based e–ADR Suppliers offer advantages that don 't summon suitability with
Article 6 of the ECHR. Despite this it is further bolstering the best good fortune of these e–ADR
Suppliers that their organizations guarantee that the fundamental measures of value are viewed.
Truly, disputants still have the option to go to court again they won 't settle on a choice handle that
does guarantee tolerability and resource speculation reserves. To help keep up their position in the
business thusly e–ADR Suppliers could, among distinctive ... Show more content on
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Associations subscribe to a trustmark to genuine its overseeing and confer trust. In the event of an
open deliberation the Supplier that doled out the trustmark steps into determination it. Where a
business bearing a trustmark fails to take after the decision of the Supplier the trustmark is
repudiated. Contractual danger conditions can moreover be made for the Supplier on the off chance
that the trustmark holder cracks any portion responsibilities that have risen out of an e–ADR
decision. In the point of view, of the way that the associations subscribing to the Trustmark, agree to
be bound by the decision they deliberately waive their privilege to a sensible trial under Article 6.
Consequently the methods used by the e–ADR Suppliers should offer slightest procedural
certifications proportionate to their basics as delineated in Suovaniemi. An outline of an
independently tying structure in Europe is Online Assurance which offers different ADR profits
regarding a Business to Purchaser (B2c) e–exchange trustmark. In spite of the way that not available
to the overall public as of this piece, when its gateways do open to individuals all in all it must take
after Article 6 in esteem of those Evaluations that incorporate a cash related measure of €5000, as
the "Urging" rendered by an Evaluator will be independently tying on the Trustmark
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The Topic Of Discharge Of Surety
This Project has been submitted by
Ananya Mishra
214026
First Year
On the Topic–Discharge of Surety (Contracts –1)
In the Winter Semester
2014–15 INTRODUCTION:
Guarantee is a tripartite contract between three parties, creditor, principal debtor and surety.
The main function of a contract of guarantee is to enable a creditor to be secure enough and have
another alternative to get his loan to be repaid. And to other to get a loan or goods on credit. Some
person comes and tells the lender that he insures the repayment of the debt on the behalf of principal
debtor.
For guarantee, there must be a conditional promise to be liable on the default of the principal debtor.
The essentials for a contract of guarantee to be are existence of principal debt. As said in Lakeman
v. Mountstephen, for guarantee, there has to be a debt first of all. Also there must be an intention on
the part of the guarantor to assume the liability of the debt's repayment not on his but on the debtor's
behalf.
Discharge of surety:
A contract of guarantee is said to be a contract strictissimi juris and the surety is entitled to insist on
rigid adherence to the terms of his obligation and he is liable only for losses arising in the ordinary
and usual course of things from a breach of the strict terms of the contract guaranteed. Surety has a
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Renter Agreement : Contract Agreement
Renter Agreement
This Renter Agreement (this "Agreement"), as purchased from and presented by The Guarantors
Agency (the "Agent") on behalf of the Hanover Insurance Company (the "Insurer"), sets forth the
terms and conditions of the relationship between you (the "Tenant"), the Insurer and the Agent, and
your and their obligations to the Agreement. The parties are defined as:
(a) the Insurer;
(b) you, the undersigned Tenant; and
(c) if applicable, the undersigned Responsible Party (the "Responsible Party").
In this Agreement, the terms "I", "me", "you", "your", "mine" and "my" refer to you, the
undersigned Tenant. This
Agreement applies to the Lease (as defined below) commencing and expiring on for the rental of
(the "Apartment") and ... Show more content on Helpwriting.net ...
This agreement and will not protect me from or prevent an eviction if I do not pay my rent. I
understand that if I do not pay my rent, The Guarantors Agency Inc. will report this information to
the three major credit bureaus: Experian, Equifax, and Trans Union. I understand that if I do not pay
my rent, or meet my other obligations to the Landlord (as defined below), the Landlord may make a
claim under the Lease Rental Bond Policy. If a claim is paid, I agree that I will reimburse the Insurer
for all amounts that the Insurer has paid to the Landlord as a result of the claim made. The Insurer
has the right to sue me to collect those amounts, and I will be obligated to pay any legal fees and
expenses incurred by the Insurer to collect those amounts. I have waived my right to a jury trial in
any such lawsuit, and thus will not be entitled to a jury trial in any such lawsuit. I understand that
the coverage provided by the Lease Rental Bond Policy is solely for the benefit of the Landlord, and
that I have no right to seek any benefits from or payments under the Lease Rental Bond Policy.
RECITALS
A. I would like to enter into a lease for the Apartment, but I do not meet the Landlord's
qualifications for a lease, as determined by the property owner (the "Landlord"); and
B. I would like to use the Agent to purchase a Lease Rental Bond Policy, guarantying my obligation
to the Lease; and
C. I understand that I will qualify to enter
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Bail 2: Case Study
FAQs As the premium bails bonds agency, Bail 2 GO staff are asked numerous questions and to
make the bail bonds process easy as we have promised, these are the questions frequently asked by
our clients. What is bail? Bail is a set amount that is pledged or deposited to the court to get an
accused person released from jail temporarily, allowed to continue his/her daily activity out of
custody, with the understanding that the suspect will return for his/her trial and make the required
court appearances. All U.S. citizens are protected by the 8th Amendment, prohibiting the
government from issuing excessive bail. How does a bail bond work? The court system is required
to set the bail amount for the release of the accused. The Florida law makes ... Show more content
on Helpwriting.net ...
When this occurs, the judge orders a bench warrant, this is simply an arrest warrant. If the defendant
communicates with the court within a stipulated time, he can ask the court to set a new trial date.
What is a bail bond reinstatement? When the court issues an arrest warrant because the defendant
failed to appear before the court, the defendant can ask for their bail bond reinstated, if the
communicates early with the court. A new trial date is set, but it should be noted that reinstatement
incurs additional costs to the defendant and his co–signer (if any). What is a bond discharge? A bond
discharge occurs when the defendant's trial has ended, and the court discharges the bond obligation
from the defendant or his co–signer, regardless of the outcome of the trial. It should be noted that all
outstanding amounts owed the bail bond agency are still relevant and owed. Customer Tip It is a
critical decision selecting the best bail bonds agency to handle your bail issues when arrested. Bail 2
GO offers the very best in Orlando. Our services differ significantly from other bail bonds agencies,
notwithstanding the set fees regulated by the Florida Department of
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Analysis Of Daniel Kahneman's 'The Surety Of Fools'
Voltaire once said, "Doubt is not a pleasant condition, but certainty is an absurd one." We live in a
world that is constantly changing and does not grant the certainty that people desire. But, people
want the stability of knowing what is going to happen; this is why certainty is absurd. In his essay
The Surety of Fools, Daniel Kahneman provides examples of people using a phenomenon he calls
the illusion of validity. These people strongly believe their actions cause a specific outcome, when
in reality there is statistical evidence that shows their actions have no direct correlation with the
outcome. While Kahneman argues the illusion of validity comes partially from people's tendency to
make quick decisions without fully conveying the causes, it really stems from people's fear of
uncertainty from having a lack of knowledge. Other fields of academia, such as science and
economics, have admitted that uncertainty grounds their thinking processes. Kahneman is inaccurate
in neglecting to mention that it is the fear of uncertainty that really causes the illusion of validity.
Kahneman argues that the illusion of validity comes from fast thinking because it is "prone to
doubt." Meaning, people naturally think quickly because they need a reason and so they do not have
time to question their explanation. However, Kahneman neglects to mention that fast thinking roots
itself in the fear of uncertainty. Kahneman begins his essay by describing his experience in
evaluating
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Lisa A Post Company Case Study
Lisa A Post–Owner of the Edward J. Post Company in Medford, New Jersey A former member of
the Women's Army Corps and the Army Reserves, Medford's Lisa A Post ascended to the rank of
second lieutenant in the Medical Service Corps before ultimately retiring from the Individual Ready
Reserves in 1993. She also holds an associate of science in dental hygiene from Camden County
College and a two health degrees from the University of Missouri, a bachelor of science in health
education and a master of science in health administration. She assumed ownership of the Edward J.
Post Company in 1988 after purchasing this surety bond business from her father. She currently
heads the Company as a Level III Surety bond producer through the National Association of Surety
Bond Producers (NASPB). This is the highest level of training that the NASPB offers. ... Show
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In December of 2015, this organization distributed more than $34,000 at its annual Holiday
Luncheon. Medford Construction Industry Professional Lisa A Post Operating her own surety bond
business in Medford, New Jersey, Lisa A Post concentrates on the specific needs of commercial
clients in the construction field. She holds membership in a number of professional associations
including the Association of Building Contractors, the Association of Construction Contractors of
New Jersey, and the Philadelphia Surety Association. Lisa Post recently attended the annual
conference of the Utility & Transportation Contractors Association Over the course of her career,
she has instructed individuals through the Regional Alliance for Small Contractors and the South
Jersey Building Contractors Association. She has also delivered a presentation before the Joint Toll
Bridge Commission and participated in a range of industry trade
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Debt Vs Decedent
"Debts due by the decedent" cannot constitute debts that have accrued after the decedent has passed
away. First, this conclusion is reached by a textual, plain–meaning, reading of the bond. Indeed, at
the time of the decedent's death, the decedent ceases to exist, and all that remains is the decedent's
estate. As such, any debts that arise after the decedent's death are not "debts due by the decedent,"
but they are debts incurred by the decedent's estate. This is so notwithstanding the fact that the State
of Maryland is within the class of entities that that a nominal bond secures. Stated differently,
although the nominal bond secures the decedent's debts to the State, the bond does not secure debts
to the state that accrewed after the decedent's ... Show more content on Helpwriting.net ...
In support, the State will rely on the text of the bond which provides that the surety is "obligated to
the State of Maryland." Moreover, the State will note that in Williamson, two other debts–one for
the decedent's credit card, and another for unpaid hospital bills–were properly recoverable against
the bond. Id. at 154. These distinctions are immaterial. The issue in this matter is not to whom
particular debts are owed, but rather, when the debts accrued. Although Williamson, is mandatory
authority for the resolution of this issue, the Court of Appeal's holding in that case embodies a
border concept of the workings of suretyship law that require this outcome.
3. Principles of Suretyship Require That Erie Cannot Be Liable for The State's Claim.
Not only does Williamson, expressly provide that debts incurred after a decedent's death cannot be
secured by a nominal personal representative's bond, but elementary principles of suretyship
prohibit a principal obligor and a creditor from unilaterally increasing a surety's exposure to liability
on a bond. Indeed:
[A] change in the agreement by the principal and the obligee, without notice or consent by the
surety, when it materially changes the risk, entitles the surety to discharge, acknowledging that,
when it is applicable, there is ample authority to support it. See Restatement (Third) of Suretyship &
Guaranty (1995) § 41, which, as pertinent,
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Progressive Casualty Insurance Case Summary
Please allow this correspondence to supplement our initial coverage analysis concerning this claim.
The Progressive Casualty Insurance Company ("Progressive") had previously requested our legal
analysis, and has specifically asked whether it has a duty to defend Tristate Trucking, LLC
("Tristate" or the "insured") in litigation filed in the Superior Court of New Jersey Law Division
Monmouth County, No. MON–L–3550–16 (the "lawsuit"), and whether Progressive may be liable
to, Mylesa Walton, Michael Peavy, or Nazir Peavy (collectively the "Plaintiffs") in the event of an
adverse judgment. For reasons more fully articulated in our correspondence dated February 21,
2017, it is our opinion that Progressive has no duty to defend Tristate, but that ... Show more content
on Helpwriting.net ...
See Dixon v. Spencer, 59 Md. 246, 247–48 (1883). The surety, however, becomes subrogated to the
rights of the obligee when the surety pays the debt for the principal obligor. See Weast v. Arnold,
299 Md. 540, 553, 474 A.2d 904, 911 (1984). With respect to notice of default, the surety is
ordinarily held to know every default of his principal because he is under a duty to make inquiry and
ascertain whether the principal obligor is discharging the obligation resting on him. See L. Simpson,
supra, § 41, at 165 ("[I]t is generally not necessary for the creditor to notify the surety of the fact
that the principal debtor is in default on his promise. It is the duty of the surety to the creditor to see
that the debt is paid."). Consequently, the surety is ordinarily liable without notice. Gen. Motors
Acceptance Corp. v. Daniels, 303 Md. 254, 259–60 (1985) (emphasis added). Accordingly, in the
event that an adverse final judgment is obtained against Tristate, Progressive will be liable to the
Plaintiffs to the same extent that Tristate is liable to the Plaintiffs for the entire amount of the
judgment. The Plaintiffs may elect the entity from whom they wish to collect that judgment without
first exhausting Tristate's assets. If, however, the Plaintiffs elect to collect from Progressive, then,
Progressive could seek indemnification from Tristate (and its other insurers)
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Skipping Bond Case
When a loved one has been arrested, they'll need someone to bail them out of jail unless they stay
for the length of the process through trial and sentencing or release. If you want your loved one
released from jail, you'll need to provide the money to the San Diego bail bonds company or
promissory note to ensure they'll return for all their court dates.
When you co–sign the bail bond, you're providing physical property like a home or a car as
collateral, or you're providing cash to ensure the person's release. With these tangible items, the bail
bondsman will have a guarantee that they'll be able to recover the money provided to the court. If
the person who was arrested doesn't appear in court, the co–signer is responsible to pay the entire ...
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The person who put up the collateral or paid the bond might have to secure the services of the
apprehension agent, which means more money out of their pocket. This means that if your loved
one doesn't appear at all their court appointments, they can be considered a fugitive. You can help
the bail bonds agent find the person by providing information as to their whereabouts. Skipping bail
is very serious and could mean a guilty verdict will extend their jail time.
Although, you might want to be a co–signer for your loved one, not everyone is eligible. There are
certain criteria that need to be met to bail a loved one out of jail. You must be a legal citizen of the
United States. It helps if you are stable with a reliable income, stable home life in the San Diego bail
bonds area and sufficient credit.
In some cases, to ensure that your loved one gets the help they need, you can ask for stipulations on
the bail bond. You could require that your loved one get to a drug treatment program or be evaluated
for mental health issues by a doctor or hospital. The co–signer has the right to revoke the bond if
they feel as if their loved one might not show up for court. This will cause the person to be sent back
to
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The Jc Bail Bond
JC bail bond service is the consultancy located in the Cleveland in the state of Ohio, USA. The
service is for those who accuse in some crime due to some mental health problem like depression
and something like that and did the accident or anything else. In these sorts of things, the individual
. In the city of Cleveland, the JC bail bond has its services because it has its head office in this city.
Bail bonds actually are the surety of the criminal that he must present before the court if the court
releases him or her. The person who committed the crime is in too much worried state of mind. One
is the stress of jail and second is the stress of the crime. The criminal does not want to be in jail. The
waiting of the court hearing date in jail
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Page V. Gulf Coast Motors Essay
Case 14.2 – Page v. Gulf Coast Motors
Parties
Plaintiff: Gulf Coast Motors (The Company)
Defendant: Glenn A. Page and Mary R. Page
Glen A Page and Jerry Sellers, the owner of Gulf Coast were friends.
Facts
Glenn A. Page was friend for a long time of Jerry Sellers, an owner of Gulf Coast Motors. Glenn
began borrowing money from Gulf Coast Motors on a regular basis for two years. There was no
formal loan process. Glenn would sign a ledger where it was written "I agree to pay Jerry Sellers as
above". Glenn made some small payments towards his account attempting to reduce or pay the
balance. At the time the money was borrowed Glenn was not working so he had not assets in his
own name. Gathered evidence showed that Glenn had a ... Show more content on Helpwriting.net ...
A guaranty contract is a document made during an issuance of a loan in which a third party agrees to
become liable to make required payments if the main person responsible for the loan fails to make
payments.
Did Glenn Act ethically in this case?
Glenn did not act ethically in this case. First of all the money that Glenn borrowed from his friend
was used for gambling, this was absolutely unethical and unacceptable. In addition Glenn signed a
ledger note agreeing to pay the loan and he failed to do so.
Would Mary have acted unethically if she had actually orally guaranteed to repay her husband's
debts and then raised the Statute of Frauds to prevent enforcement of the oral promises?
Mary did not act unethically since she had not raised the Statute of Fraud to stop any enforcement of
her oral promises; she indeed made oral promises however never appealed to the statute of fraud for
them to be enforced.
Conclusions
My conclusion is that even though the Statute of Fraud applies in cases of guarantee agreements a
guaranty should never be accepted unless it is put in writing, this is a good practice to follow to
avoid ending up in a case like the one discussed here.
REFERENCES
Cheeseman, H. Business Law: Legal Environment, Online Commerce, Business Ethics, and
International Issues (7th ed). Pearson Learning Solutions. Retrieved from
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T-Bond Case Study
Although your loved one can be out on bail until their case goes to trial, not everyone has the
resources to do so. This is when a bail bond company, like T–Bonds, can help you get out of jail by
posting the amount on your behalf. Whether you're in for a misdemeanor, DUI, or burglary, the
Lorain, OH–based bail payment service is ready to assist you anytime of the day. Providing service
across 40 states and all Ohio counties, T–Bonds truly believes in your innocence until proven
otherwise. To help you get out and prepare for your trial, the bondsmen submit the court–mandated
amount on your behalf. By doing so, they take the guarantee that you will appear for trial on the
date set forth by the court. Thanks to their experience of working with
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Write An Essay On Baill
1. What is bail and remand?
Bail is when an accused person is granted a release from the police or other officers of law, and into
the custody of a person known to the accused known as sureties. The sureties make sure that the
accused person will appear at a specific time and place to answer to the charge against them. If in
the case that the accused person doesn't shop at the allotted time and place then the sureties may be
liable to lose the amount of money that was issued when bail was granted as well as the fact that it
will be unlikely for the accused to go on bail again and the absconation may be used in trial as
evidence. The money used as bail cannot come from the accused and it is considered as corruption
when the accused also act ... Show more content on Helpwriting.net ...
Bail may be opposed by the police and if granted conditions may be attached to the bail order.
5. Outline some of the bail conditions and terms
6. What are bail concerns if an accused is released on Bail
7. Explain these terms regarding bail:
(i) Presumption of innocence
The legal definition the presumption of innocence as given by the legal dictionary states:
"a fundamental protection for a person accused of a crime, which requires the prosecution to prove
its case against the defendant beyond a reasonable doubt. This is the opposite from the criminal law
in many countries, were the accused is considered guilty until they prove their innocence or the
government completely fails to prove its case."
In other words, the accused is presumed to be innocent until proven guilty beyond a reasonable
doubt. In regarding to bail,
(ii) Show Cause Test
The show cause test requ
(iii) Unacceptable Risk Test
8. Explain some of the reasons that have initiated the changes to the Bail Act (NSW)
9. Discuss some of the issues that may arise from the reform of the Bail Act (NSW)
10.
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Case 4: Vulture Loan Vs. Chapte Part 2
QUESTION 4: RASHI'S LOAN
Part 1: A. Umberto's agreement is a surety contract because Umberto signed as a surety before Rashi
went into default. This contract is to answer for the debt of another. The contract with the lender,
Vulture Loans, Inc., provided that Umberto would pay if Rashi could not. Since Umberto's
agreement is a surety contract, he was liable as soon as he cosigned the loan. Both a "suretyship and
guaranty provide creditors with the right to seek payment from the third party if the primary debtor
(or principal) defaults on her or his obligations" (Chapter 19 PowerPoint). Therefore, the difference
between being a surety and a guarantor on a contract is that a surety has primary liability, and a
guarantor has secondary liability. A surety contract is when "the creditor can demand payment from
the surety from the moment the debt is due" ... Show more content on Helpwriting.net ...
After Vulture sues Rashi, it can either freeze his bank account, issue a garnishment, or request a writ
of execution. A frozen bank account is a sure sign that a creditor has obtained a court judgement
against the defendant. Freezing a bank account is often associated with a garnishment, which is "an
order that permits a creditor to collect a debt by seizing property of the debtor that is being held by a
third party" (Chapter 19 PowerPoint). In this case, one of the types of property that can be garnished
is the funds in Rashi's bank account. Another option is to request a writ of execution, which is "an
order that directs the sheriff to seize (levy) and sell any of the debtor's nonexempt real or personal
property" (Chapter 19 PowerPoint). If Vulture wins the judgement against Rashi and Rashi will not
or cannot pay the amount due, Vulture can request a writ of execution. These are all legal remedies
that could entitle Vulture to collect the full judgement amount, but a homestead exemption might
also apply in this case that "ensures that the debtor will retain some form of shelter" (Chapter 19
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Turkey 's Influence On Turkey
Rich in history, Turkey rose from the dissolution of the Ottoman Empire in War World II and
includes areas formerly known as Anatolia. Stranding two continents, Turkey is a stone throws away
from both Asia and Europe; tourist can essentially ferry between the two continents. Bordering the
West and the East, Turkey is undeniably influenced by both European and Asian cultures. Remnants
of the past litter Turkey as both ancient Roman structures and cities stand in ruins and distinct
Turkish temples display the Turkish history. With its benefits of a bordering country, Turkey's
market place is vast and unique; its Great Bazaar draws thousands of tourists every year where they
buy European and Asian items and handmade Turkish object. With its ... Show more content on
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Both parties have the right to security and release, this means that the creditor may not contact the
surety prior to the date fixed for the payment. There are currently many opportunities for the future
of Turkey. Starting off, there are many rich resources of which they can take advantage of and either
make money off of it or use it for their own benefit. They are also a nation which is a well–
established democracy, and in the near future, may join forces with the EU. There are many
projections which are developing in Turkey in relation to business and also individuals. There are
many opportunities which have always been there but are now just starting to develop, for example
investments in traditional areas as well as new areas. Some would be the educational system, work,
travel, or sports are all examples of areas which are finally developing at full speed. "Turkey is in
the second phase of the national plan for tourism and is under consideration as one of the fastest
developing tourism venues in the world" (turkeyopportunities). There have been new opportunities
arising in the investment and trade areas, in nearly every division. Recently they have begun a long
term project to improve the infrastructure of buildings in Turkey which have been in need of
renovation for a long time now. Turkey has also engaged themselves to the Kyoto Protocol which is
great because they are finally getting into the notion that we need to
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Apple 's Satisfactory Image Dependability Sureties Return...
Name: Title:
Institution:
Introduction
Apple 's satisfactory image dependability sureties return clients. Similar to nature in business, it is
more immoderate to draw in new customers than it is to continue existing ones. Mac 's strong image
recognition has substantially added to expanded offers of Macintosh PCs. The iPod then again
ensures the gives the organization passage in different sections of the business sector that thus buy
different items.
Apple 's notebooks
The offers of Apple 's notepads are additionally doing admirably, adding to its salary. It is one of the
biggest data innovation and cell telephone producer organizations on the planet. It was at first
delivering just PC equipment and programming. Since 2007, nevertheless; it began creating solid
media players, cell telephones and tablet alongside PCs and the organization 's name get to be Apple
Incorporation, as PCs were no more its concentrate, however, moved to mobile gadgets.
Apple IPhone 6S and 6S plus
The new items come as Apple is turning out to be progressively subject to the iPhone, which
represents almost 66% of its income, and a significantly more prominent rate of its benefit. The
iPhone 6S 's camera at last got an immense update with a 12–megapixel iSight camera and a two–
tone streak. The increment in pixels enhances the subtle element in photographs, yet Apple asserts
that picture quality won 't be corrupted because of innovation.
Apple kept the iPhone 6S and 6S Plus ' physical configuration
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Credit-Privacy Declaration And Consent Case Study
Application for Credit – Privacy Declaration and Consent form This form sets out how Zagga
collects and uses your personal information and seeks your consent to do so Collection of your
personal information We collect, hold, use and disclose personal information about you (including
information required to comply with Anti–Money Laundering and Counter–Terrorism Financing Act
2006 (Cth), the National Consumer Credit Protection Act 2009 (Cth) and the Personal Property
Securities Act 2009 (Cth)) to: assess and process your application; provide you with, manage, audit,
evaluate, improve and develop product or services; notify a credit reporting body or other credit
providers of your payment history or any default by you; conduct credit scoring; model and test
data; communicate with ... Show more content on Helpwriting.net ...
/ ACL ............... Postal Address: GPO Box 4505, SYDNEY, NSW 2001 Phone: 1300 1 ZAGGA
Email: info@zagga.com.au Declaration and consent By signing below, I/We acknowledge,
understand and consent to: Zagga using and disclosing my/our personal information for the purpose
described in this Privacy Declaration and Consent; and the receipt of notices and other documents in
connection with our dealings with Zagga by email to our last disclosed email address; that upon the
giving this consent we may no longer be sent paper copies of notices and other documents; that we
should regularly check our nominated email address below for notices; that we have the facilities to
print notices; and that we may withdraw our consent to the giving of notices and other documents
electronically at any time. Name and signature of individual(s) giving his/her consent as borrower or
guarantor ............................................. .................................................... ........................ Signature
Name (print) Date ............................................. ....................................................
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Pretrial Release Essay
In our text and in the article by Freiburger and Hilinski (2010) they both mention pretrial release.
Pretrial release is defined as: The practice of conditionally releasing criminal defendants prior to
trial without formal posting of bail. Those who participate in pretrial release generally must have
stable residence and employment as well as other ties to the community that suggest they are likely
to appear for trial (Gabbidon & Greene, 2013, p.327). Before this week readings I knew a little bit
about pretrial release, but I did not know that there is three categories of pretrial release. The three
different types of pretrial release which are nonfinancial, financial, and emergency (Gabbidon &
Greene, 2013). Nonfinancial is basically where a person is release without having to put up money.
This is usually done with a sign form that the person is going to show up to court on their assigned
date and this is usually released by law enforcement (Gabbidon & Greene, 2013). The second one,
financial has four types of bond which are "surety, deposit, full cash, and property bond" (Gabbidon
& Greene, 2013). I really didn't know about the different types of bond ... Show more content on
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In both readings, they stated that African American is less likely to get release than whites.
Gabbidon and Greene (2013) data from 1990– 2004 showed that 68% of whites is likely to get
release than African American at 62% and Hispanics at 55% (p.146). This shows that maybe race
plays a factor, but its not a great big difference. There has been studies that stated that they could not
found where race played in the bail amount (Freiburger & Hilinski, 2010). Gabbidon & Greene
(2013) also found that 74% of females are likely to received pretrial release than males at 60% (p.
146). There has been little study done on this, but it would be interesting to see more data on this
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Review of the Bail Bond System
Kevin Hudson
3–29–2011
Prof. Kuennen
Review of Bail Bond System To begin the process of bail, first there must be a suspect, an arrest, a
police report filled out, and charges filed against the suspect. From here, there are five possible
release options: own recognizance, property bond, cash bond, surety bond, and citation release. In
the following paragraphs, I will present each of these topics and show how they are typically used.
The most commonly used form of release from jail, until the court date, is own recognizance (O.R.)
This program is used through the county or the specific law enforcement managed pre–trial
program. In order to determine whether a suspect can be released by the own recognizance, a staff
member of the ... Show more content on Helpwriting.net ...
The arraignment will usually be help anywhere from two week to a month from the date of the
release. If the suspect were to remain in custody of the police at that point he will be transported to
the court by the county or city facility in which he or she is being held. After Maurice Clemmons
murdered four Lakewood Officers on a cold night in November, it took just over two months,
February 2nd, 2010, for Governor Christine Gregoire to announce a review of the entire Washington
State bail bond system. A new policy has been suggested that will put legislator right into the middle
of the bail bonds war. With bail bond agencies undercutting each other, this causes to a serious
problem of inmates getting released for less than what is asked of the state. In an article by OPB
News, dated February 2nd, 2009, it was revealed that bail bond agencies were trying to get the most
customers and were indeed "stealing" other agencies' customers from them. This would happen
through the mind of undercutting the other agencies by taking less than was required to release a
suspect from their jail cell. In a particular case discussed by the newspaper article, Maurice
Clemmons was released on a $190,000 bail after paying less than five percent, even with a required
ten percent up front. With a different bail, Bad Boys Bail Bonds
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Prison Guideline
Get Person Out of Prison
For Entertainment Purposes Only
You will need the following:
1. A Birth Certificate –and Social security Number For Each Pearson You Want Out
2. The Docket(s) for each person (Court Case # – If Appealed – Appellate Court Case # And Docket
– Inmate # for each person)
3. Prison Name and Address (not PO Box) where person(s) are currently incarcerated
4. Warden's Address (PO Box Acceptable)
5. Person who will serve as Power of Attorney for the person(s) incarcerated
6. Money to cover costs of filing and verification paperwork – about $200 to $600.
Order of Filing
(No Staples – Only Paper Clips Accepted)
Forms must be filed in the court that has jurisdiction to act on them, which is where ... Show more
content on Helpwriting.net ...
IDENTIFY ALL BONDS, INCLUDING BID GUARANTEES, ETC.:
Type in Case # (Appellate Case # – if one exists) Inmate Number Remember to type Forms in
proper order.
See attachment OPTIONAL FORM 90 RELEASE OF LIEN ON REAL PROPERTY See
attachment OPTIONAL FORM 91 RELEASE OF PERSONAL PROPERTY FROM ESCROW See
attachment STANDARD FORM 25A PAYMENT BOND See attachment STANDARD FORM 24
BID BOND See attachment STANDARD FORM 25 PERFORMANCE BOND
DOCUMENTS OF THE PLEDGED ASSET MUST BE ATTACHED
10. SIGNATURE: Gerald Dove Payne by John Doe as POA The Signature must be in blue ink –
signed by the person who has Power of Attorney.
11. BOND AND CONTRACT TO WHICH THIS ADDIDAVIT RELATES:
OPTIONAL FORM 90 RELEASE OF LIEN ON REAL PROPERTY OPTIONAL FORM 91
RELEASE OF PERSONAL PROPERTY FROM ESCROW
12. SUBSCRIBED AND SWORN TO BEFORE ME AS FOLLOWS:
Notary: It is best to use a Notary from the State where the person is incarcerated. If you are filling
out the forms for someone else and have to use a Notary who lives close to you then that is okay but
not the best.
_ _ _ _ _ _ _ _ _ _ _ _ _ _
Back Page: Leave blank but attach to Front Page with a Paper Clip (No Staples)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _
Second Form (Power Of Attorney)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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Rent-A-Car
DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM QUESTION
PRESENTED Can obtaining a surety bond constitute negligence to provide financial responsibility
under the New Mexico Mandatory Financial Responsibility Act section 66–5–218 (1988).
STATEMENT OF THE CASE The defendant Sage Rent–A–Car leased a vehicle to defendant
Jeffery Calkin. However, Mr. Calkin failed to stop at a stop sign, and collided with the plaintiff Jane
White. The plaintiff then filed a suit against both defendants due to failure to carry insurance under
the New Mexico Mandatory Financial Responsibility Act. Nevertheless, when the defendant Sage
Rent–A–Car incorporated, it filed for a surety bond with the superintendent of insurance and is self–
insured under ... Show more content on Helpwriting.net ...
In the case against Sage Rent–A–Car the defendant filed a surety bond with the superintendent of
insurance when it incorporated. Therefore, the court should dismiss the suit against Sage Rent–A–
Car for failing to state a claim under rule NMRA 1–012B(6). Also under section 66–5–207(E)
(1988) of the New Mexico Financial Responsibility Act states, "a motor vehicle approved as a self–
insured by the superintendent of insurance is exempt from the act. Therefore, the defendant is not
liable for any damages due to filing a surety bond with the New Mexico superintendent and for
being self–insured. Lastly, under New Mexico case law Las Lumarias of the N.M Council v.
Isengard, 92 N.M 297, 300–301 (Ct. App. 1978) the court held a motion to dismiss due to the
plaintiff not being able to recover or be entitled to relief under any state of facts provided under the
claim. As one can see under the statutes provided and case law the defendant Sage Rent–A–Car is
not liable for damages per the New Mexico Financial Responsibility Act not constituting negligence
due to Sage's actions when
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Should Be Allowed In Court Cases
Beside jurisdictional questions, I think we have three main arguments on the injunction fee's issue.
They are 1) the motion is not timely, 2) the statute does not allow for fees to be placed upon the
State, 3) the injunction was not improperly granted. I would start off by mentioning that Idbeis v.
Wichita Surgical Specialists, P.A., 285 Kan. 485, 488, 173 P.3d 642, 646 (2007) does appear to be
the main case in this area of law, and beside Idbeis most of the other cases tend to be older, so some
areas of this topic do not seem to be covered well. I would also note that if fees were to be awarded,
they would only be able to get fees related to attempts to overturn the injunction and so say fees that
were done for the general case would not apply. ... Show more content on Helpwriting.net ...
§ 60–905, provides that a party seeking an injunction post a surety. This surety according to the
statute is used to pay damages. The State though is not required to pay a surety and I believe there is
an argument to be made that damages can only come for sureties. I would first mention that there is
a case that does somewhat counter this idea. Brady, 25 Kan. App. At 795–96. In Brady, the Court of
Appeals did imposed fees on a party that did not post a bond, because the court did not requirement
them to do so. Id. The Court did indicate that the State may need to post a surety, but this was dicta
as the State did not play a role in the case. I should note that attorney fees can only be required if
there is a clear and specific statutory provision. Idbeis, 285 Kan. at 488. The Kansas Supreme Court
has indicated that a party was entitled to recover if a bond was present. Alder v. City of Florence,
194 Kan. 104, 111, 397 P.2d 375, 381 (1964). Furthermore, the Court has also indicated that the
bond itself it the source of damages. Texas Const. Co. v. Hoisting & Portable Engineers' Local
Union No. 101, 180 Kan. 393, 396, 304 P.2d 498, 500 (1956). An early Kansas case also found that
a party could not recover in an amount higher than the bound. Baker v. Craig, 127 Kan. 811, 275 P.
216, 217 modified, 128 Kan. 676, 280 P. 771 (1929). I think there is an argument to be made that
because the statute does not require Kansas to post a bond, that there is no source for damages to be
paid under the
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AIA Contract
In the instant matter, the 2007 settlement agreement reflects an intent to modify the prior AIA
Contract, not to "fully extinguish" it. Or, in the words of Judge Wallace, the 2007 settlement
agreement was merely "a narrowing of the universe of potential claims," (E. 2283), but not an
"extinguishment of the old contract." Leisner, 252 Md. at 564. First, paragraphs nineteen (19) and
twenty–two (22) of the 2007 settlement agreement expressly provide, this agreement shall not
operate to release any claims or rights that Metropolitan may have against WCS and/or its sureties
under any warranty or guarantee or any claims or rights that Metropolitan may have against WCS
and/or its sureties under any warranty or guaranty or any claims or rights that Metropolitan may
have against WCS and/or its surety for latent defects[,] (E. 887 (emphasis ... Show more content on
Helpwriting.net ...
at 214, all the rights and obligations of the prior agreement–no "exceptions." (E. 2267, 2269;
Appellant's Brief at p. 21). In this matter, the plain and unambiguous terms of the 2007 agreement–
consistent with National Surety's concessions to this effect–demonstrate that it was not "clearly and
satisfactorily" intended to "fully extinguish[]" "all of the provisions of the earlier contract" so as to
completely "discharge" the prior agreement. I.W. Berman Props., 276 Md. at 8; Clark, 286 Md. at
214; Restatement (Second) of Contracts § 279 cmt. a. Accordingly, National Surety's position is
ultimately implausible because: 1) the 2007 agreement expressly incorporates provisions of the AIA
Contract; 2) the integrated provisions of the AIA Contract further incorporate the AIA Contract in its
entirety; and 3) various other provisions that fall outside the scope of the 2007 agreement still
governed the parties' relationship. As such, the 2007 agreement was not a substitute
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On April 10, 2006, Wcs And Metropolitan Entered A Standard
On April 10, 2006, WCS and Metropolitan entered a standard form agreement to complete certain
portions of the construction of a 397–unit apartment complex located in Camp Springs, Maryland.
(E. 932, 947–1007). The agreement consisted of multiple contract documents including: AIA
Document A131 CMc–2003 and AGC Document 556, Standard Form Agreement Between Owner
and Construction Manager (E. 947–63); AIA Document A201 – 1997, General Conditions of the
Contract for Construction (E.964–1007) (the "General Conditions"); and AIA Document A121 CMc
– 2003, Amendment 1 (collectively, the "AIA Contract") (E. 932). The AIA Contract named
Metropolitan as the owner and WCS as the construction manager. (E. 947). Sections 11.4.5 and
11.4.7 of the General ... Show more content on Helpwriting.net ...
. . .
The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of
subrogation shall be effective as to a person or entity even though that person or entity would
otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance
premium directly or indirectly, and whether or not the person or entity had an insurable interest in
the property damaged.
(E. 997–98). Additionally, the General Conditions provide:
§ 11.4.3 Loss of use insurance. The Owner at the Owner's option may purchase and maintain such
insurance as will insure the Owner against loss of use of the Owner's property due to fire or other
hazards, however caused. The Owner waives all rights of action against the Contractor for loss of
use of the Owner's property, including consequential losses due to fire or other hazards however
caused.
(E. 997) (§§ 11.4.3, 11.4.5, and 11.4.7 of the AIA Contract are referred to collectively as the
"Waivers").
As is all too often the case, a payment dispute accompanied the conclusion of this substantial
construction project. In early 2007, Metropolitan refused to pay WCS several million dollars due for
the labor and materials furnished to the project. (E. 917). As such, WCS filed a complaint to
establish a mechanic's lien. (Id.). In consideration for WCS's release of
... Get more on HelpWriting.net ...
National Surety Justifies Its Disregard Of The Waivers
National Surety justifies its disregard of the Waivers because–it contends–WCS forfeited its right to
enforce the Waivers upon the execution of the 2007 settlement agreement. This position, however, is
couched on the mistaken premise that the Waivers are "rights, claims, debts, liens, demands, [or]
actions of any nature whatsoever." (Appellant's Brief at p. 9). To the contrary, the Waivers bargained
for in the AIA Contract operate as immediate discharges of Metropolitan's right to pursue claims
that are covered by insurance. Accordingly, the Waivers are units of consideration that Metropolitan
tendered when the AIA Contract was executed. Therefore, irrespective of whether the 2007
settlement is a substitute contract–it is not–the ... Show more content on Helpwriting.net ...
If, however, the release is merely a discharge given by and from the perspective of the releasing
party, then it affords no affirmative rights to the released party and it can only operate as a defensive
"shield"–that is, a negative defense to a breach of contract claim. Id. In Kaye, this Court relied on
comment a to § 295 of the Restatement (Second) of Contracts for the proposition that "[d]ischarge
by release . . . has long been regarded as an executed transaction rather than an executory promise."
Kaye, 227 Md. App. at 682. Therefore, any right to maintain an action on the released obligation
ceased at the time Lawrence Kaye gave the release. Likewise, in this case, "a lawsuit predicated on
claims that have been [waived] cannot be actionable as a breach of contract, because a [waiver] is a
unit of consideration that is tendered . . . immediately at the time of contracting." Kaye, 227 Md.
App. at 682. Like the release at issue in Kaye, the Waivers at issue here are not affirmative rights
possessed by WCS, but the voluntary forfeiture of rights previously possessed by Metropolitan.
Indeed, the analytical constructs governing waiver of subrogation clauses generally mandate a
construction consistent with Kaye: Because an essential element of subrogation is that the insured
[here, Metropolitan] have a
... Get more on HelpWriting.net ...
Court Surety Bonds Essay
Different Types of Court Surety Bonds
Court proceeding may require particular parties to file surety bonds to verify their financial integrity
and personal credibility in and out of the courtroom. Court Surety bonds help to protect parties from
losses that may occur as a result of fraudulent actions or a court decision. In some cases, they may
be to ensure fulfilment of a court appointed task.
There are different types of court bonds used for various court proceedings.
Categories of Court Bonds
Probate/Executor bonds
Injunction Bonds
Custodial bonds
Appeal Bond
Defendant Bonds
Plaintiff Bonds
Probate Bonds
This type of bond is required by a person who's been assigned to disperse properties of one's estate.
Being that there is an expected ... Show more content on Helpwriting.net ...
This type of bond guarantees the awarded party payment in case the appeal is lost. Also, it stops
time wasting appeals.
Defendant Bonds
Defendant bonds block complainant's action to pursue fulfilment of a claim. This means that they
allow the defendant to regain control of contest property. Defendant bonds are further classified
into:
Release of lien bonds
Counter replevin bonds
Bail Bonds
Plaintiff Bonds
Plaintiff bonds are required to ensure the protection of the defendant in case the plaintiff loses the
lawsuit. In such a case, the plaintiff is liable for any damages the defendant may suffer as a result of
court proceedings.
How Much Does a Court Bond Cost?
The amount charged depends on which court bond you need. Also, the cost will depend on the state
the case takes place in and what judge is handling the case.
An agency can provide you with the lowest rates for your court bond. Most states require you to
have a bond before proceeding. Getting your bond before the proceeding will help you save time
and get your bond at the best
... Get more on HelpWriting.net ...
The Contract Of Bail Case
Historically, the contract of bail, traced to a gradual increase of faith in the honor of a being a legal
hostage and the consequent relaxation of actual imprisonment, constitutes one of the first
appearances of the concept of contract in our law. The early contract of bail differed from the
modern bail bond in its mode of execution as it was simply a solemn admission of liability by the
sureties made in the presence of an officer authorized to take it. No signatures of the bail were
required, and it was not necessary for the person bailed to bind himself as a party. The undertaking
to forfeit a sum in a written bail bond came later in the course of time.
The purpose of a bail bond with sureties is to ensure that the accused will appear in court at a given
time by requiring others to assume responsibility for him on penalty of forfeiture of their property.
In times past, especially when the sureties were friends and relatives of the accused, it was assumed
that due to his personal relationship the threat of forfeiture of the surety 's property would serve as
an effective deterrent to the accused 's temptation to break the conditions of the bond by flight. On
the other hand, it was assumed that this threat would also inspire the surety to keep close watch on
the accused to prevent his flight.
On a bail bond, the accused and the sureties are the obligors, the accused being the principal, and
the government as the obliged. In the event the conditions of the bail bond are
... Get more on HelpWriting.net ...

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Baill Bond Advantages

  • 1. Baill Bond Advantages Bail 2 GO is inarguably the best bail bond agency around. We are based in the Kissimmee area in Florida. Our team of well trained top notch professionals are every ready to deliver high–quality services to our clients in dire need of our services. We understand how unpleasant it is to be in jail or have loved ones in jail. Bail 2 GO is always ready to give a helping hand, making things easier for you and our loved ones. Bail 2 GO bond agency offers what other agencies find tasking to offer. We modify our services to fit each client; no two clients are alike, and we take pride in handling our clients the best way possible. We have mastered the art of simplifying the frustrating bails bonds system, bringing about a hassle free, timely and ... Show more content on Helpwriting.net ... Businesses and individuals use this services to scrutinize potential clients, business partners and questionable characters around them. We give you all the info you need in less than 24 hours. Free skip tracing Bail 2 Go offers businesses and individuals free skip tracing services. This is used by our clients to find missing loved ones and to find out if someone important to them has skipped bail or is behind on their payments. Let us help you now!!! We make bail bonds easy..... Client fact Most of our clients are newbies when it comes to bail bond services. It is a very stressful situation when you or a loved one is arrested and jailed. At Bail 2 GO makes it our job to get you out of jail as fast as possible. Our clients attest to the fact we are the best in the business. Customer tip Flexibility is key!!!! Do not settle for a Kissimmee bail bonds agency ready to go the extra mile for you. All bails bonds agencies charge the same, but they are not equal in terms of customer satisfaction and experience in dealing with cases. Bail 2 GO offers flexible services, no collateral bonds and tailored payment options. We see our clients like family, and we treat them as ... Get more on HelpWriting.net ...
  • 2. The Rules For Construction Of Guarantees And Indemnities The rules for construction of guarantees and indemnities have recently changed course creating significant judicial confusion and debate over the correct approach. The High Court decision in Andar Transport Pty Ltd v Brambles Ltd ('Andar') has reinstated the views in Ankar Pty Ltd v National Westminster Finance (Aust) Ltd ( 'Ankar '), that the liability of a surety is strictissimi juris and that ambiguous contractual provisions should be construed in favour of the surety. However, Andar's application of guarantee construction principles to the interpretation of indemnities have created confusion and debate about the position of from the courts earlier commercial construction favoured in Darlington Futures Ltd v Delco Aust Pty Ltd ... Show more content on Helpwriting.net ... First, a guarantee is "a collateral contract to answer for the debt, default or miscarriage of another who is or is contemplated to become liable to the person to whom the guarantee is given". The surety or guarantor gives a guarantee to the creditor or guarantee to ensure the performance of obligations of a principal debtor, and can extend to "existing or future legal obligations arising from contract, bailment, tort or an unsatisfied judgment". Second, an indemnity is "a promise to protect another against loss from an event or events, or set of circumstances" and is "elastic and may be used more generally to describe any arrangement under which a party is not to suffer loss". The promisor will therefore indemnify the other party from any loss occasioned from the circumstance. However, despite similar objectives, the two methods of surety do undertake a different promise and assume a different nature of liability, and this distinction of obligation is accordingly a matter of construction. The different liability of guarantees and indemnities ensure that the different instruments are commonly used together to cover all bases, or separately according the outcome of risk allocation. Typically, the nature of a guarantee is to secure the performance of a principal debtor, however ... Get more on HelpWriting.net ...
  • 3. The Amendment to the Trade Practices Act 1974 Prior to its amendment in 1986, the Trade Practices Act 1974 (Cth) was aimed at protecting corporations and big businesses against unfair trading. The amendment led to the incorporation of section 52A, which was then later "repealed in 1992 when sections 51AA and 51 AB were enacted to replace it. The new section did not really extend the law a great deal and only section 51AA contained anything new" . "Section 51AB is an exact re–enactment of section 52A... it prohibits a corporation acting in trade or commerce, in connection with the supply or possible supply of goods or services to a person, from engaging in unconscionable conduct. It therefore applies specifically to consumer transactions."The amendment to the Trade Practices Act 1974 ... Show more content on Helpwriting.net ... As an intending shareholder in the company, she relied on the information given to her by Mr Freeburn, and acquiesced in his negotiating on behalf of them both in making arrangements for the credit facility and for the giving of the guarantee in connection with that facility. The appellant's case is that the creditor's duty to disclose to the surety unusual and unexpected features of the transaction between the creditor and the debtor extends, in circumstances such as those which existed in the present case, to the disclosure to one co–surety of adverse information acquired by the creditor concerning the financial worth or credit–worthiness of another co–surety. On the other hand the respondent submits that the duty does not go so far and that it is limited to the disclosure of unusual and unexpected features in the transaction which is the subject of the guarantee or in the relationship between the creditor and the debtor. Obelon was entitled to assume that the appellant was aware of Freeburn's financial position and that, being aware of it, she was prepared to enter into the guarantee. And, quite apart from the finding made by the primary judge, there is the circumstance that, generally speaking, a co–surety as well as the creditor may reasonably be expected to make his or her own inquiries ... Get more on HelpWriting.net ...
  • 4. Surety Bond Research Paper How a Surety Bond Protects Your Business There are many forms of business insurance options that protect your business. If you are like many business owners, then you have quite a few. You may have commercial general liability insurance, workers' compensation insurance, and commercial property insurance. However, do you have surety bonds to protect your business from non–performing contractors? What Is a Surety Bond? A surety bond is an agreement between three parties: the party requiring the work, the insurer, and the party performing the work. A surety bond protects the party who requires the work if the performing party doesn't perform their job duties. Typically, contractors, manufacturers, and vendors are required to have a bond due to ... Get more on HelpWriting.net ...
  • 5. The Integration Clause Contained Herein In further support of its position that the 2007 agreement constitutes a substitute contract, National Surety cites the integration clause contained therein which provides: "[t]he Parties do hereby acknowledge and agree that this Agreement constitutes their entire understanding with respect to the matters herein set forth." (E. 890; Appellant's Brief at p. 10) This argument is easily dispensed with because the scope of the integration clause is limited "with respect to the matters herein set forth." In this case, the "matters herein set forth" relate only to the payment dispute that arose toward the completion of the project. Not only is the integration clause in the 2007 agreement clearly not broad enough to nullify the AIA Contract, it ... Show more content on Helpwriting.net ... (Appellant's Brief at 12, 15 (quoting Leisner, 252 Md. at 555 ("There does not have to be an expressed intention to substitute the new agreement for the previous contract.")). Not only does this conclusion belie the terms of the 2007 agreement that expressly incorporate the AIA Contract, but this conclusion defies common sense. The parties do not dispute that the 2007 agreement arose out of a payment dispute between WCS and Metropolitan. The bargain reached in that agreement was a compromised sum of payment to WCS in exchange for the release of WCS's claims for payment. Neither the text of the 2007 agreement nor the circumstances of that transaction evince any reason why the parties would have agreed to revive National Surety's subrogation rights, as those rights had nothing to do with the subject of the 2007 settlement agreement. Stated differently, the consideration exchanged in the 2007 agreement indicates that the Waivers did not come within the scope of that agreement. The truism that the 2007 agreement is not a substitute contract is further demonstrated by the fact that counsel for National Surety expressly conceded to the Circuit Court that the 2007 agreement was intended to discharge fewer than all the rights and obligations of the AIA Contract. [NATIONAL SUREY]: They want to put the relationship to bed, binding, and ignore the old agreement in replacement for the rights and obligations under this agreement. THE COURT: With some ... Get more on HelpWriting.net ...
  • 6. Case Study : Hunt Construction Group Inc. Case Number and Title United States Court of Appeals Seventh Circuit, Case Number 06–4335 Hunt Construction Group Inc. vs. Allianz Global Risks U.S. Insurance Company Parties Involved Hunt Construction Group Inc.; Plaintiff–Appellant Allianz Global Risks U.S. Insurance Company; Defendant–Appellee Seventh Circuit of Appeals Presiding Judges: o Richard A. Posner o Joel M. Flaum o Daniel A. Manion Project Specifications (Name, Type, Contract Amount, Location) Name: Edward H. McNamara Midfield Terminal (Northwest WorldGateway) Type: Airport Main Terminal Contract Value: $420M Location: Detroit, Michigan Place and Date of Case Place: Detroit, Michigan Date Decided: October 1st, 2007 Summary: The Plaintiff, Hunt Construction ... Show more content on Helpwriting.net ... The insurance policy issued to hunt did cover fire damage, as most builders risk policies due; however, it also covered almost every other kind of damage that a construction company might encounter as well, and Hunts damages were mostly caused due to water damage. In order for Allianz to call the builders risk policy a fire insurance policy, and subject the policy to have the Plaintiff seek indemnification that was not caused by fire or means covered in a "fire insurance policy", there are several ramifications involved. Fire is one of the risks of a construction project against which Allianz's policy insures; yet it is only one, and given the wide range coverage of the policy, it seemed odd to the presiding judges to classify it as a fire risk insurance policy. A fire insurance policy is subjected to 19 separate requirements, and until 1990, Michigan legislature, rather than trying to define "fire insurance policy", provided that a "standard fire policy" (with all 19 mandatory minimum provisions) would not be required for a variety of types of insurance. The structure of this Michigan statute implied any form of insurance that was not exempt was a "standard fire policy", including a builders risk policy, and so the 19 mandatory provisions would have to have been included when indemnity was sought after. However, this legislature was repealed in 1990, well before Allianz issued the ... Get more on HelpWriting.net ...
  • 7. Explain Why Medical Services Should Be Free Essay Imagine if you were poor and had to pay tons of money to the hospital for your treatments. Would you be happy if you had to depend on money to save your life? Probably not. Most people aren't happy that medical bills are excessively high and overpaid, either. Studies show that almost half of insured Americans say rising medical costs are a huge problem. These bills tend to be the second most common financial worry among Americans and not having enough money to pay for them. Your life shouldn't depend on having money and since taxes don't provide medical benefits, medical services should be free. One reason that medical services should be free is that most Americans don't have enough money to pay for them. For example, in the article Worried About... The Financial Impact of Serious Illness? by Dennis Jacobe, it is said that, "...many insurance policies will not cover certain types of treatments." This ... Show more content on Helpwriting.net ... First of all, in the article Private Health Insurance: Potential Tax Benefit of A Health Insurance Deduction proposed in H.R. 2990: HEHS–00–104R, the author explains that if, "...H.R. 2990 had been the law in 1998, about 39 million people could potentially have benefited from the proposed tax deduction..." H.R. 2990 could have potentially helped so many people and with this extra money, they could pay for medical care, if needed. In addition, the article Medicare Home Health Agencies: Role of Surety Bonds In On Increasing Scrutiny and Reducing Overpayments: HEHS– 99–23, the author writes that a surety bond, "...imposes a greater burden on them without a demonstrated commensurately greater benefit." The surety bonds are supposed to be increasing scrutiny and reducing overpayments, but they haven't been proved to work and they just make the stress worse. These articles want to show that overpaid taxes and medical bills are absurd and the laws that are trying to help, don't make it any ... Get more on HelpWriting.net ...
  • 8. Bail Bond Process When a family member or close friend goes to jail, the remaining loved ones will want to help with the bail bonds process. Unfortunately, most people don't have a lot of experience with the process so it can be overwhelming, confusing and a touch frightening for all parties involved. Choosing a bail bonds company is one of the most important considerations for removing a loved one from jail. It's imperative that the bail bonds company is made up of professionals that know what they are doing. The Bail Process The process of bailing someone out of jail refers to the amount of money paid to the court to release the prisoner. Once the prisoner is released, the bail helps to ensure that the defendant shows up for their court date. A prisoner who doesn't show up for court can cause the bail to be forfeited. Often, defendants will show up for court because they don't want their loved ones to lose their money. Bail varies depending on the crime, the defendant's ... Show more content on Helpwriting.net ... Unfortunately, many cases can require tens of thousands for the cash bail amount. The more popular option for bailing a loved one out of jail is bail bonds. Bail Bonds The bond itself shouldn't take more than a half hour to obtain, but once the bond is obtained, it could take hours to have the defendant released. The bail bonds company requires a percentage of the total bail up front before they'll put up the rest of the bond amount with the court. In California, the maximum premium is 10% of the bond requested by the judge. The Process Explained Responsibility When a family member or friend of the defendant asks Espinosa Bail Bonds for help, the company will explain the family's responsibility when securing the bond. The defendant's family or friend becomes the cosigner. The cosigner is promising to have the defendant at all his or her court appearances. Failing to ... Get more on HelpWriting.net ...
  • 9. Advantages And Disadvantages Of Working Money 3) DRAWING POWER Drawing Power is the amount of Working Capital funds the borrower is allowed to draw from the Working Capital limit allotted to him. Because the working capital limit is usually allotted to a borrower against security of Stock and Book Debts, the amount of funds a borrower is allowed to draw is calculated by considering the total value of Stock plus total value of Book Debts for the month after deducting the margin. It is for this purpose that the borrower must regularly submit Stock and Book Debts Statement and Statement of Trade Creditors. Thus, in a way Trade Creditors also finance the borrower's stock and hence the stock purchased under credit being unpaid stock, cannot be provided as security to Bank. Hence total amount ... Show more content on Helpwriting.net ... There are three parties to a contract of a guarantee. The person who guarantees the performance of a promise or the liability of a third person is called the guarantor (surety). The person, on whose behalf the guarantee is given is the principal debtor, and the person to whom the guarantee is given is called the creditor. The obligation of the surety, under a guarantee issued, arises when there is a default to perform the promise by the person on whose behalf the guarantee is given. The liability of a surety runs parallel to the liability of a principal debtor towards the creditor. On failure of the principal debtor to perform the obligation under the contract, the liability of the surety with respect to the guarantee starts. The bank may be called to perform its obligation under a bank guarantee issued by it. Therefore, though bank guarantees are non–fund credits, the probability of their turning into fund– based credit is high. In order to ensure that the guarantee executed by the banker does not remain in force for an indefinite period, it is stipulated that the guarantee would remain in force the period specified therein, on the expiry of which no claims would be entertained by the ... Get more on HelpWriting.net ...
  • 10. Major Phases Of A Company Growth 9. The three major phases of a company growth are the entrepreneurial phase, the managerial phase and the consolidation phase. First, in the entrepreneurial phase a company focuses on its core activities and on which market paths it should follow. Moreover, in terms of their facility, its policy can be expected to emphasize on its functional needs rather than expending resources on symbolic features. Additionally, there might be some uncertainty regarding the company future and a lack of access to professional knowledge of space management, which may cause overcrowding and badly chosen timing of relocation. Second, during the managerial phase a company still focuses on its fundamental activities. . However, now the company can now adopt workspace layout reflecting hierarchical tendencies. In addition, new problem may occur requiring experts because of special space requirements. Likewise, because of lack of management focus on the distribution of the space, issues related to facilities and support services are dealt irregularly. And third, during the consolidation phase skills in facilities management are available and use more constantly. Dependence on cross–functional teams and calculated experimentation with teleworking and other alternative work practices can be expected to imply changes on the layout of the company. Also, companies should consider to exploit the opportunities to introduce facility management procedures. 10. There are several reasons of why a ... Get more on HelpWriting.net ...
  • 11. Chad Handyman Services Case After examining the different business formats that are available, it has been decided to stay with the limited liability partnership is the most prudent business organization choice. Although the company has added additional employees it will not change its organization title. This decision is based on the liability clause that will limit losses due to faulty workmanship, and the taxation laws regarding LLCs, by having a favorable tax code. While performing duties as a business invitee, a client's pet was uncontrolled on the homeowner's premises and caused Dad and Chad to lose control of a Jacuzzi tub causing bodily injury to Dan and several thousand dollars in property damage. Based on homeowners insurance the owner of the premises is liable. According to Goguen (2014), "As a homeowner, you have a duty to actively inspect for potential hazards on your property, and to make reasonable repairs to protect invitees from hazards of which you are (or should be) aware if it ... Show more content on Helpwriting.net ... If they would have agreed to a guaranty loan the bank would have to make a reasonable attempt at collection from Dad and Chad Handyman Service first. According to SUO (2014), when parties enter into a surety agreement, the author states, "If the debtor fails to pay the creditor, the creditor can seek payment from the surety without trying to collect from the debtor" (SUO, 2014). Therefore, the bank can seek full payment from Bill. And if Bill pays the outstanding debt he can seek repayment from Dad and Chad Handyman Service and both Dad and Chad. Twomey and Jennings (2014, p. 674), states, "When a surety pays a claim that it is obligated to pay, it automatically acquires the claim and the rights of the creditor. This stepping into the shoes or position of another is called subrogation" (Twomey & Jenning, 2014, p. ... Get more on HelpWriting.net ...
  • 12. Licensee Home Loans Case Study The Licensee's website, www.semperhomeloans.com, refers to FHA, VA, and USDA loan programs and the Licensee's website, www.myvaloanoffer.com, refers to VA loan programs but neither contain the Equal Housing Lender logo. The Department recommends all written and visual advertisements referring to FHA, VA, and USDA mortgage loan programs include the Equal Housing Lender logo and legend Semper Home Loans, Inc. has policies in place to prevent a customer information breach; however, the Licensee does not have policies or procedures describing a plan of action in the event of a customer information breach. It is the recommendation of the Department of Financial Institutions to modify the company's policy to provide for actions to be taken in the ... Get more on HelpWriting.net ...
  • 13. Present E Adr Inc. Present e–ADR Structures As noted, the bigger piece of e–ADR Suppliers working at this time don 't use tying procedure and thusly, the benefit to go to court once more is not lost. Particularly, various European based e–ADR Suppliers offer advantages that don 't summon suitability with Article 6 of the ECHR. Despite this it is further bolstering the best good fortune of these e–ADR Suppliers that their organizations guarantee that the fundamental measures of value are viewed. Truly, disputants still have the option to go to court again they won 't settle on a choice handle that does guarantee tolerability and resource speculation reserves. To help keep up their position in the business thusly e–ADR Suppliers could, among distinctive ... Show more content on Helpwriting.net ... Associations subscribe to a trustmark to genuine its overseeing and confer trust. In the event of an open deliberation the Supplier that doled out the trustmark steps into determination it. Where a business bearing a trustmark fails to take after the decision of the Supplier the trustmark is repudiated. Contractual danger conditions can moreover be made for the Supplier on the off chance that the trustmark holder cracks any portion responsibilities that have risen out of an e–ADR decision. In the point of view, of the way that the associations subscribing to the Trustmark, agree to be bound by the decision they deliberately waive their privilege to a sensible trial under Article 6. Consequently the methods used by the e–ADR Suppliers should offer slightest procedural certifications proportionate to their basics as delineated in Suovaniemi. An outline of an independently tying structure in Europe is Online Assurance which offers different ADR profits regarding a Business to Purchaser (B2c) e–exchange trustmark. In spite of the way that not available to the overall public as of this piece, when its gateways do open to individuals all in all it must take after Article 6 in esteem of those Evaluations that incorporate a cash related measure of €5000, as the "Urging" rendered by an Evaluator will be independently tying on the Trustmark ... Get more on HelpWriting.net ...
  • 14. The Topic Of Discharge Of Surety This Project has been submitted by Ananya Mishra 214026 First Year On the Topic–Discharge of Surety (Contracts –1) In the Winter Semester 2014–15 INTRODUCTION: Guarantee is a tripartite contract between three parties, creditor, principal debtor and surety. The main function of a contract of guarantee is to enable a creditor to be secure enough and have another alternative to get his loan to be repaid. And to other to get a loan or goods on credit. Some person comes and tells the lender that he insures the repayment of the debt on the behalf of principal debtor. For guarantee, there must be a conditional promise to be liable on the default of the principal debtor. The essentials for a contract of guarantee to be are existence of principal debt. As said in Lakeman v. Mountstephen, for guarantee, there has to be a debt first of all. Also there must be an intention on the part of the guarantor to assume the liability of the debt's repayment not on his but on the debtor's behalf. Discharge of surety: A contract of guarantee is said to be a contract strictissimi juris and the surety is entitled to insist on rigid adherence to the terms of his obligation and he is liable only for losses arising in the ordinary and usual course of things from a breach of the strict terms of the contract guaranteed. Surety has a ... Get more on HelpWriting.net ...
  • 15. Renter Agreement : Contract Agreement Renter Agreement This Renter Agreement (this "Agreement"), as purchased from and presented by The Guarantors Agency (the "Agent") on behalf of the Hanover Insurance Company (the "Insurer"), sets forth the terms and conditions of the relationship between you (the "Tenant"), the Insurer and the Agent, and your and their obligations to the Agreement. The parties are defined as: (a) the Insurer; (b) you, the undersigned Tenant; and (c) if applicable, the undersigned Responsible Party (the "Responsible Party"). In this Agreement, the terms "I", "me", "you", "your", "mine" and "my" refer to you, the undersigned Tenant. This Agreement applies to the Lease (as defined below) commencing and expiring on for the rental of (the "Apartment") and ... Show more content on Helpwriting.net ... This agreement and will not protect me from or prevent an eviction if I do not pay my rent. I understand that if I do not pay my rent, The Guarantors Agency Inc. will report this information to the three major credit bureaus: Experian, Equifax, and Trans Union. I understand that if I do not pay my rent, or meet my other obligations to the Landlord (as defined below), the Landlord may make a claim under the Lease Rental Bond Policy. If a claim is paid, I agree that I will reimburse the Insurer for all amounts that the Insurer has paid to the Landlord as a result of the claim made. The Insurer has the right to sue me to collect those amounts, and I will be obligated to pay any legal fees and expenses incurred by the Insurer to collect those amounts. I have waived my right to a jury trial in any such lawsuit, and thus will not be entitled to a jury trial in any such lawsuit. I understand that the coverage provided by the Lease Rental Bond Policy is solely for the benefit of the Landlord, and that I have no right to seek any benefits from or payments under the Lease Rental Bond Policy. RECITALS A. I would like to enter into a lease for the Apartment, but I do not meet the Landlord's qualifications for a lease, as determined by the property owner (the "Landlord"); and B. I would like to use the Agent to purchase a Lease Rental Bond Policy, guarantying my obligation to the Lease; and C. I understand that I will qualify to enter ... Get more on HelpWriting.net ...
  • 16. Bail 2: Case Study FAQs As the premium bails bonds agency, Bail 2 GO staff are asked numerous questions and to make the bail bonds process easy as we have promised, these are the questions frequently asked by our clients. What is bail? Bail is a set amount that is pledged or deposited to the court to get an accused person released from jail temporarily, allowed to continue his/her daily activity out of custody, with the understanding that the suspect will return for his/her trial and make the required court appearances. All U.S. citizens are protected by the 8th Amendment, prohibiting the government from issuing excessive bail. How does a bail bond work? The court system is required to set the bail amount for the release of the accused. The Florida law makes ... Show more content on Helpwriting.net ... When this occurs, the judge orders a bench warrant, this is simply an arrest warrant. If the defendant communicates with the court within a stipulated time, he can ask the court to set a new trial date. What is a bail bond reinstatement? When the court issues an arrest warrant because the defendant failed to appear before the court, the defendant can ask for their bail bond reinstated, if the communicates early with the court. A new trial date is set, but it should be noted that reinstatement incurs additional costs to the defendant and his co–signer (if any). What is a bond discharge? A bond discharge occurs when the defendant's trial has ended, and the court discharges the bond obligation from the defendant or his co–signer, regardless of the outcome of the trial. It should be noted that all outstanding amounts owed the bail bond agency are still relevant and owed. Customer Tip It is a critical decision selecting the best bail bonds agency to handle your bail issues when arrested. Bail 2 GO offers the very best in Orlando. Our services differ significantly from other bail bonds agencies, notwithstanding the set fees regulated by the Florida Department of ... Get more on HelpWriting.net ...
  • 17. Analysis Of Daniel Kahneman's 'The Surety Of Fools' Voltaire once said, "Doubt is not a pleasant condition, but certainty is an absurd one." We live in a world that is constantly changing and does not grant the certainty that people desire. But, people want the stability of knowing what is going to happen; this is why certainty is absurd. In his essay The Surety of Fools, Daniel Kahneman provides examples of people using a phenomenon he calls the illusion of validity. These people strongly believe their actions cause a specific outcome, when in reality there is statistical evidence that shows their actions have no direct correlation with the outcome. While Kahneman argues the illusion of validity comes partially from people's tendency to make quick decisions without fully conveying the causes, it really stems from people's fear of uncertainty from having a lack of knowledge. Other fields of academia, such as science and economics, have admitted that uncertainty grounds their thinking processes. Kahneman is inaccurate in neglecting to mention that it is the fear of uncertainty that really causes the illusion of validity. Kahneman argues that the illusion of validity comes from fast thinking because it is "prone to doubt." Meaning, people naturally think quickly because they need a reason and so they do not have time to question their explanation. However, Kahneman neglects to mention that fast thinking roots itself in the fear of uncertainty. Kahneman begins his essay by describing his experience in evaluating ... Get more on HelpWriting.net ...
  • 18. Lisa A Post Company Case Study Lisa A Post–Owner of the Edward J. Post Company in Medford, New Jersey A former member of the Women's Army Corps and the Army Reserves, Medford's Lisa A Post ascended to the rank of second lieutenant in the Medical Service Corps before ultimately retiring from the Individual Ready Reserves in 1993. She also holds an associate of science in dental hygiene from Camden County College and a two health degrees from the University of Missouri, a bachelor of science in health education and a master of science in health administration. She assumed ownership of the Edward J. Post Company in 1988 after purchasing this surety bond business from her father. She currently heads the Company as a Level III Surety bond producer through the National Association of Surety Bond Producers (NASPB). This is the highest level of training that the NASPB offers. ... Show more content on Helpwriting.net ... In December of 2015, this organization distributed more than $34,000 at its annual Holiday Luncheon. Medford Construction Industry Professional Lisa A Post Operating her own surety bond business in Medford, New Jersey, Lisa A Post concentrates on the specific needs of commercial clients in the construction field. She holds membership in a number of professional associations including the Association of Building Contractors, the Association of Construction Contractors of New Jersey, and the Philadelphia Surety Association. Lisa Post recently attended the annual conference of the Utility & Transportation Contractors Association Over the course of her career, she has instructed individuals through the Regional Alliance for Small Contractors and the South Jersey Building Contractors Association. She has also delivered a presentation before the Joint Toll Bridge Commission and participated in a range of industry trade ... Get more on HelpWriting.net ...
  • 19. Debt Vs Decedent "Debts due by the decedent" cannot constitute debts that have accrued after the decedent has passed away. First, this conclusion is reached by a textual, plain–meaning, reading of the bond. Indeed, at the time of the decedent's death, the decedent ceases to exist, and all that remains is the decedent's estate. As such, any debts that arise after the decedent's death are not "debts due by the decedent," but they are debts incurred by the decedent's estate. This is so notwithstanding the fact that the State of Maryland is within the class of entities that that a nominal bond secures. Stated differently, although the nominal bond secures the decedent's debts to the State, the bond does not secure debts to the state that accrewed after the decedent's ... Show more content on Helpwriting.net ... In support, the State will rely on the text of the bond which provides that the surety is "obligated to the State of Maryland." Moreover, the State will note that in Williamson, two other debts–one for the decedent's credit card, and another for unpaid hospital bills–were properly recoverable against the bond. Id. at 154. These distinctions are immaterial. The issue in this matter is not to whom particular debts are owed, but rather, when the debts accrued. Although Williamson, is mandatory authority for the resolution of this issue, the Court of Appeal's holding in that case embodies a border concept of the workings of suretyship law that require this outcome. 3. Principles of Suretyship Require That Erie Cannot Be Liable for The State's Claim. Not only does Williamson, expressly provide that debts incurred after a decedent's death cannot be secured by a nominal personal representative's bond, but elementary principles of suretyship prohibit a principal obligor and a creditor from unilaterally increasing a surety's exposure to liability on a bond. Indeed: [A] change in the agreement by the principal and the obligee, without notice or consent by the surety, when it materially changes the risk, entitles the surety to discharge, acknowledging that, when it is applicable, there is ample authority to support it. See Restatement (Third) of Suretyship & Guaranty (1995) § 41, which, as pertinent, ... Get more on HelpWriting.net ...
  • 20. Progressive Casualty Insurance Case Summary Please allow this correspondence to supplement our initial coverage analysis concerning this claim. The Progressive Casualty Insurance Company ("Progressive") had previously requested our legal analysis, and has specifically asked whether it has a duty to defend Tristate Trucking, LLC ("Tristate" or the "insured") in litigation filed in the Superior Court of New Jersey Law Division Monmouth County, No. MON–L–3550–16 (the "lawsuit"), and whether Progressive may be liable to, Mylesa Walton, Michael Peavy, or Nazir Peavy (collectively the "Plaintiffs") in the event of an adverse judgment. For reasons more fully articulated in our correspondence dated February 21, 2017, it is our opinion that Progressive has no duty to defend Tristate, but that ... Show more content on Helpwriting.net ... See Dixon v. Spencer, 59 Md. 246, 247–48 (1883). The surety, however, becomes subrogated to the rights of the obligee when the surety pays the debt for the principal obligor. See Weast v. Arnold, 299 Md. 540, 553, 474 A.2d 904, 911 (1984). With respect to notice of default, the surety is ordinarily held to know every default of his principal because he is under a duty to make inquiry and ascertain whether the principal obligor is discharging the obligation resting on him. See L. Simpson, supra, § 41, at 165 ("[I]t is generally not necessary for the creditor to notify the surety of the fact that the principal debtor is in default on his promise. It is the duty of the surety to the creditor to see that the debt is paid."). Consequently, the surety is ordinarily liable without notice. Gen. Motors Acceptance Corp. v. Daniels, 303 Md. 254, 259–60 (1985) (emphasis added). Accordingly, in the event that an adverse final judgment is obtained against Tristate, Progressive will be liable to the Plaintiffs to the same extent that Tristate is liable to the Plaintiffs for the entire amount of the judgment. The Plaintiffs may elect the entity from whom they wish to collect that judgment without first exhausting Tristate's assets. If, however, the Plaintiffs elect to collect from Progressive, then, Progressive could seek indemnification from Tristate (and its other insurers) ... Get more on HelpWriting.net ...
  • 21. Skipping Bond Case When a loved one has been arrested, they'll need someone to bail them out of jail unless they stay for the length of the process through trial and sentencing or release. If you want your loved one released from jail, you'll need to provide the money to the San Diego bail bonds company or promissory note to ensure they'll return for all their court dates. When you co–sign the bail bond, you're providing physical property like a home or a car as collateral, or you're providing cash to ensure the person's release. With these tangible items, the bail bondsman will have a guarantee that they'll be able to recover the money provided to the court. If the person who was arrested doesn't appear in court, the co–signer is responsible to pay the entire ... Show more content on Helpwriting.net ... The person who put up the collateral or paid the bond might have to secure the services of the apprehension agent, which means more money out of their pocket. This means that if your loved one doesn't appear at all their court appointments, they can be considered a fugitive. You can help the bail bonds agent find the person by providing information as to their whereabouts. Skipping bail is very serious and could mean a guilty verdict will extend their jail time. Although, you might want to be a co–signer for your loved one, not everyone is eligible. There are certain criteria that need to be met to bail a loved one out of jail. You must be a legal citizen of the United States. It helps if you are stable with a reliable income, stable home life in the San Diego bail bonds area and sufficient credit. In some cases, to ensure that your loved one gets the help they need, you can ask for stipulations on the bail bond. You could require that your loved one get to a drug treatment program or be evaluated for mental health issues by a doctor or hospital. The co–signer has the right to revoke the bond if they feel as if their loved one might not show up for court. This will cause the person to be sent back to ... Get more on HelpWriting.net ...
  • 22. The Jc Bail Bond JC bail bond service is the consultancy located in the Cleveland in the state of Ohio, USA. The service is for those who accuse in some crime due to some mental health problem like depression and something like that and did the accident or anything else. In these sorts of things, the individual . In the city of Cleveland, the JC bail bond has its services because it has its head office in this city. Bail bonds actually are the surety of the criminal that he must present before the court if the court releases him or her. The person who committed the crime is in too much worried state of mind. One is the stress of jail and second is the stress of the crime. The criminal does not want to be in jail. The waiting of the court hearing date in jail ... Get more on HelpWriting.net ...
  • 23. Page V. Gulf Coast Motors Essay Case 14.2 – Page v. Gulf Coast Motors Parties Plaintiff: Gulf Coast Motors (The Company) Defendant: Glenn A. Page and Mary R. Page Glen A Page and Jerry Sellers, the owner of Gulf Coast were friends. Facts Glenn A. Page was friend for a long time of Jerry Sellers, an owner of Gulf Coast Motors. Glenn began borrowing money from Gulf Coast Motors on a regular basis for two years. There was no formal loan process. Glenn would sign a ledger where it was written "I agree to pay Jerry Sellers as above". Glenn made some small payments towards his account attempting to reduce or pay the balance. At the time the money was borrowed Glenn was not working so he had not assets in his own name. Gathered evidence showed that Glenn had a ... Show more content on Helpwriting.net ... A guaranty contract is a document made during an issuance of a loan in which a third party agrees to become liable to make required payments if the main person responsible for the loan fails to make payments. Did Glenn Act ethically in this case? Glenn did not act ethically in this case. First of all the money that Glenn borrowed from his friend was used for gambling, this was absolutely unethical and unacceptable. In addition Glenn signed a ledger note agreeing to pay the loan and he failed to do so. Would Mary have acted unethically if she had actually orally guaranteed to repay her husband's debts and then raised the Statute of Frauds to prevent enforcement of the oral promises? Mary did not act unethically since she had not raised the Statute of Fraud to stop any enforcement of her oral promises; she indeed made oral promises however never appealed to the statute of fraud for them to be enforced. Conclusions My conclusion is that even though the Statute of Fraud applies in cases of guarantee agreements a guaranty should never be accepted unless it is put in writing, this is a good practice to follow to avoid ending up in a case like the one discussed here. REFERENCES
  • 24. Cheeseman, H. Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues (7th ed). Pearson Learning Solutions. Retrieved from ... Get more on HelpWriting.net ...
  • 25. T-Bond Case Study Although your loved one can be out on bail until their case goes to trial, not everyone has the resources to do so. This is when a bail bond company, like T–Bonds, can help you get out of jail by posting the amount on your behalf. Whether you're in for a misdemeanor, DUI, or burglary, the Lorain, OH–based bail payment service is ready to assist you anytime of the day. Providing service across 40 states and all Ohio counties, T–Bonds truly believes in your innocence until proven otherwise. To help you get out and prepare for your trial, the bondsmen submit the court–mandated amount on your behalf. By doing so, they take the guarantee that you will appear for trial on the date set forth by the court. Thanks to their experience of working with ... Get more on HelpWriting.net ...
  • 26. Write An Essay On Baill 1. What is bail and remand? Bail is when an accused person is granted a release from the police or other officers of law, and into the custody of a person known to the accused known as sureties. The sureties make sure that the accused person will appear at a specific time and place to answer to the charge against them. If in the case that the accused person doesn't shop at the allotted time and place then the sureties may be liable to lose the amount of money that was issued when bail was granted as well as the fact that it will be unlikely for the accused to go on bail again and the absconation may be used in trial as evidence. The money used as bail cannot come from the accused and it is considered as corruption when the accused also act ... Show more content on Helpwriting.net ... Bail may be opposed by the police and if granted conditions may be attached to the bail order. 5. Outline some of the bail conditions and terms 6. What are bail concerns if an accused is released on Bail 7. Explain these terms regarding bail: (i) Presumption of innocence The legal definition the presumption of innocence as given by the legal dictionary states: "a fundamental protection for a person accused of a crime, which requires the prosecution to prove its case against the defendant beyond a reasonable doubt. This is the opposite from the criminal law in many countries, were the accused is considered guilty until they prove their innocence or the government completely fails to prove its case." In other words, the accused is presumed to be innocent until proven guilty beyond a reasonable doubt. In regarding to bail, (ii) Show Cause Test The show cause test requ (iii) Unacceptable Risk Test 8. Explain some of the reasons that have initiated the changes to the Bail Act (NSW) 9. Discuss some of the issues that may arise from the reform of the Bail Act (NSW) 10.
  • 27. ... Get more on HelpWriting.net ...
  • 28. Case 4: Vulture Loan Vs. Chapte Part 2 QUESTION 4: RASHI'S LOAN Part 1: A. Umberto's agreement is a surety contract because Umberto signed as a surety before Rashi went into default. This contract is to answer for the debt of another. The contract with the lender, Vulture Loans, Inc., provided that Umberto would pay if Rashi could not. Since Umberto's agreement is a surety contract, he was liable as soon as he cosigned the loan. Both a "suretyship and guaranty provide creditors with the right to seek payment from the third party if the primary debtor (or principal) defaults on her or his obligations" (Chapter 19 PowerPoint). Therefore, the difference between being a surety and a guarantor on a contract is that a surety has primary liability, and a guarantor has secondary liability. A surety contract is when "the creditor can demand payment from the surety from the moment the debt is due" ... Show more content on Helpwriting.net ... After Vulture sues Rashi, it can either freeze his bank account, issue a garnishment, or request a writ of execution. A frozen bank account is a sure sign that a creditor has obtained a court judgement against the defendant. Freezing a bank account is often associated with a garnishment, which is "an order that permits a creditor to collect a debt by seizing property of the debtor that is being held by a third party" (Chapter 19 PowerPoint). In this case, one of the types of property that can be garnished is the funds in Rashi's bank account. Another option is to request a writ of execution, which is "an order that directs the sheriff to seize (levy) and sell any of the debtor's nonexempt real or personal property" (Chapter 19 PowerPoint). If Vulture wins the judgement against Rashi and Rashi will not or cannot pay the amount due, Vulture can request a writ of execution. These are all legal remedies that could entitle Vulture to collect the full judgement amount, but a homestead exemption might also apply in this case that "ensures that the debtor will retain some form of shelter" (Chapter 19 ... Get more on HelpWriting.net ...
  • 29. Turkey 's Influence On Turkey Rich in history, Turkey rose from the dissolution of the Ottoman Empire in War World II and includes areas formerly known as Anatolia. Stranding two continents, Turkey is a stone throws away from both Asia and Europe; tourist can essentially ferry between the two continents. Bordering the West and the East, Turkey is undeniably influenced by both European and Asian cultures. Remnants of the past litter Turkey as both ancient Roman structures and cities stand in ruins and distinct Turkish temples display the Turkish history. With its benefits of a bordering country, Turkey's market place is vast and unique; its Great Bazaar draws thousands of tourists every year where they buy European and Asian items and handmade Turkish object. With its ... Show more content on Helpwriting.net ... Both parties have the right to security and release, this means that the creditor may not contact the surety prior to the date fixed for the payment. There are currently many opportunities for the future of Turkey. Starting off, there are many rich resources of which they can take advantage of and either make money off of it or use it for their own benefit. They are also a nation which is a well– established democracy, and in the near future, may join forces with the EU. There are many projections which are developing in Turkey in relation to business and also individuals. There are many opportunities which have always been there but are now just starting to develop, for example investments in traditional areas as well as new areas. Some would be the educational system, work, travel, or sports are all examples of areas which are finally developing at full speed. "Turkey is in the second phase of the national plan for tourism and is under consideration as one of the fastest developing tourism venues in the world" (turkeyopportunities). There have been new opportunities arising in the investment and trade areas, in nearly every division. Recently they have begun a long term project to improve the infrastructure of buildings in Turkey which have been in need of renovation for a long time now. Turkey has also engaged themselves to the Kyoto Protocol which is great because they are finally getting into the notion that we need to ... Get more on HelpWriting.net ...
  • 30. Apple 's Satisfactory Image Dependability Sureties Return... Name: Title: Institution: Introduction Apple 's satisfactory image dependability sureties return clients. Similar to nature in business, it is more immoderate to draw in new customers than it is to continue existing ones. Mac 's strong image recognition has substantially added to expanded offers of Macintosh PCs. The iPod then again ensures the gives the organization passage in different sections of the business sector that thus buy different items. Apple 's notebooks The offers of Apple 's notepads are additionally doing admirably, adding to its salary. It is one of the biggest data innovation and cell telephone producer organizations on the planet. It was at first delivering just PC equipment and programming. Since 2007, nevertheless; it began creating solid media players, cell telephones and tablet alongside PCs and the organization 's name get to be Apple Incorporation, as PCs were no more its concentrate, however, moved to mobile gadgets. Apple IPhone 6S and 6S plus The new items come as Apple is turning out to be progressively subject to the iPhone, which represents almost 66% of its income, and a significantly more prominent rate of its benefit. The iPhone 6S 's camera at last got an immense update with a 12–megapixel iSight camera and a two– tone streak. The increment in pixels enhances the subtle element in photographs, yet Apple asserts that picture quality won 't be corrupted because of innovation. Apple kept the iPhone 6S and 6S Plus ' physical configuration ... Get more on HelpWriting.net ...
  • 31. Credit-Privacy Declaration And Consent Case Study Application for Credit – Privacy Declaration and Consent form This form sets out how Zagga collects and uses your personal information and seeks your consent to do so Collection of your personal information We collect, hold, use and disclose personal information about you (including information required to comply with Anti–Money Laundering and Counter–Terrorism Financing Act 2006 (Cth), the National Consumer Credit Protection Act 2009 (Cth) and the Personal Property Securities Act 2009 (Cth)) to: assess and process your application; provide you with, manage, audit, evaluate, improve and develop product or services; notify a credit reporting body or other credit providers of your payment history or any default by you; conduct credit scoring; model and test data; communicate with ... Show more content on Helpwriting.net ... / ACL ............... Postal Address: GPO Box 4505, SYDNEY, NSW 2001 Phone: 1300 1 ZAGGA Email: info@zagga.com.au Declaration and consent By signing below, I/We acknowledge, understand and consent to: Zagga using and disclosing my/our personal information for the purpose described in this Privacy Declaration and Consent; and the receipt of notices and other documents in connection with our dealings with Zagga by email to our last disclosed email address; that upon the giving this consent we may no longer be sent paper copies of notices and other documents; that we should regularly check our nominated email address below for notices; that we have the facilities to print notices; and that we may withdraw our consent to the giving of notices and other documents electronically at any time. Name and signature of individual(s) giving his/her consent as borrower or guarantor ............................................. .................................................... ........................ Signature Name (print) Date ............................................. .................................................... ... Get more on HelpWriting.net ...
  • 32. Pretrial Release Essay In our text and in the article by Freiburger and Hilinski (2010) they both mention pretrial release. Pretrial release is defined as: The practice of conditionally releasing criminal defendants prior to trial without formal posting of bail. Those who participate in pretrial release generally must have stable residence and employment as well as other ties to the community that suggest they are likely to appear for trial (Gabbidon & Greene, 2013, p.327). Before this week readings I knew a little bit about pretrial release, but I did not know that there is three categories of pretrial release. The three different types of pretrial release which are nonfinancial, financial, and emergency (Gabbidon & Greene, 2013). Nonfinancial is basically where a person is release without having to put up money. This is usually done with a sign form that the person is going to show up to court on their assigned date and this is usually released by law enforcement (Gabbidon & Greene, 2013). The second one, financial has four types of bond which are "surety, deposit, full cash, and property bond" (Gabbidon & Greene, 2013). I really didn't know about the different types of bond ... Show more content on Helpwriting.net ... In both readings, they stated that African American is less likely to get release than whites. Gabbidon and Greene (2013) data from 1990– 2004 showed that 68% of whites is likely to get release than African American at 62% and Hispanics at 55% (p.146). This shows that maybe race plays a factor, but its not a great big difference. There has been studies that stated that they could not found where race played in the bail amount (Freiburger & Hilinski, 2010). Gabbidon & Greene (2013) also found that 74% of females are likely to received pretrial release than males at 60% (p. 146). There has been little study done on this, but it would be interesting to see more data on this ... Get more on HelpWriting.net ...
  • 33. Review of the Bail Bond System Kevin Hudson 3–29–2011 Prof. Kuennen Review of Bail Bond System To begin the process of bail, first there must be a suspect, an arrest, a police report filled out, and charges filed against the suspect. From here, there are five possible release options: own recognizance, property bond, cash bond, surety bond, and citation release. In the following paragraphs, I will present each of these topics and show how they are typically used. The most commonly used form of release from jail, until the court date, is own recognizance (O.R.) This program is used through the county or the specific law enforcement managed pre–trial program. In order to determine whether a suspect can be released by the own recognizance, a staff member of the ... Show more content on Helpwriting.net ... The arraignment will usually be help anywhere from two week to a month from the date of the release. If the suspect were to remain in custody of the police at that point he will be transported to the court by the county or city facility in which he or she is being held. After Maurice Clemmons murdered four Lakewood Officers on a cold night in November, it took just over two months, February 2nd, 2010, for Governor Christine Gregoire to announce a review of the entire Washington State bail bond system. A new policy has been suggested that will put legislator right into the middle of the bail bonds war. With bail bond agencies undercutting each other, this causes to a serious problem of inmates getting released for less than what is asked of the state. In an article by OPB News, dated February 2nd, 2009, it was revealed that bail bond agencies were trying to get the most customers and were indeed "stealing" other agencies' customers from them. This would happen through the mind of undercutting the other agencies by taking less than was required to release a suspect from their jail cell. In a particular case discussed by the newspaper article, Maurice Clemmons was released on a $190,000 bail after paying less than five percent, even with a required ten percent up front. With a different bail, Bad Boys Bail Bonds ... Get more on HelpWriting.net ...
  • 34. Prison Guideline Get Person Out of Prison For Entertainment Purposes Only You will need the following: 1. A Birth Certificate –and Social security Number For Each Pearson You Want Out 2. The Docket(s) for each person (Court Case # – If Appealed – Appellate Court Case # And Docket – Inmate # for each person) 3. Prison Name and Address (not PO Box) where person(s) are currently incarcerated 4. Warden's Address (PO Box Acceptable) 5. Person who will serve as Power of Attorney for the person(s) incarcerated 6. Money to cover costs of filing and verification paperwork – about $200 to $600. Order of Filing (No Staples – Only Paper Clips Accepted) Forms must be filed in the court that has jurisdiction to act on them, which is where ... Show more content on Helpwriting.net ... IDENTIFY ALL BONDS, INCLUDING BID GUARANTEES, ETC.: Type in Case # (Appellate Case # – if one exists) Inmate Number Remember to type Forms in proper order. See attachment OPTIONAL FORM 90 RELEASE OF LIEN ON REAL PROPERTY See attachment OPTIONAL FORM 91 RELEASE OF PERSONAL PROPERTY FROM ESCROW See attachment STANDARD FORM 25A PAYMENT BOND See attachment STANDARD FORM 24 BID BOND See attachment STANDARD FORM 25 PERFORMANCE BOND DOCUMENTS OF THE PLEDGED ASSET MUST BE ATTACHED 10. SIGNATURE: Gerald Dove Payne by John Doe as POA The Signature must be in blue ink – signed by the person who has Power of Attorney. 11. BOND AND CONTRACT TO WHICH THIS ADDIDAVIT RELATES: OPTIONAL FORM 90 RELEASE OF LIEN ON REAL PROPERTY OPTIONAL FORM 91 RELEASE OF PERSONAL PROPERTY FROM ESCROW
  • 35. 12. SUBSCRIBED AND SWORN TO BEFORE ME AS FOLLOWS: Notary: It is best to use a Notary from the State where the person is incarcerated. If you are filling out the forms for someone else and have to use a Notary who lives close to you then that is okay but not the best. _ _ _ _ _ _ _ _ _ _ _ _ _ _ Back Page: Leave blank but attach to Front Page with a Paper Clip (No Staples) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Second Form (Power Of Attorney) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ... Get more on HelpWriting.net ...
  • 36. Rent-A-Car DEFENDANT'S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM QUESTION PRESENTED Can obtaining a surety bond constitute negligence to provide financial responsibility under the New Mexico Mandatory Financial Responsibility Act section 66–5–218 (1988). STATEMENT OF THE CASE The defendant Sage Rent–A–Car leased a vehicle to defendant Jeffery Calkin. However, Mr. Calkin failed to stop at a stop sign, and collided with the plaintiff Jane White. The plaintiff then filed a suit against both defendants due to failure to carry insurance under the New Mexico Mandatory Financial Responsibility Act. Nevertheless, when the defendant Sage Rent–A–Car incorporated, it filed for a surety bond with the superintendent of insurance and is self– insured under ... Show more content on Helpwriting.net ... In the case against Sage Rent–A–Car the defendant filed a surety bond with the superintendent of insurance when it incorporated. Therefore, the court should dismiss the suit against Sage Rent–A– Car for failing to state a claim under rule NMRA 1–012B(6). Also under section 66–5–207(E) (1988) of the New Mexico Financial Responsibility Act states, "a motor vehicle approved as a self– insured by the superintendent of insurance is exempt from the act. Therefore, the defendant is not liable for any damages due to filing a surety bond with the New Mexico superintendent and for being self–insured. Lastly, under New Mexico case law Las Lumarias of the N.M Council v. Isengard, 92 N.M 297, 300–301 (Ct. App. 1978) the court held a motion to dismiss due to the plaintiff not being able to recover or be entitled to relief under any state of facts provided under the claim. As one can see under the statutes provided and case law the defendant Sage Rent–A–Car is not liable for damages per the New Mexico Financial Responsibility Act not constituting negligence due to Sage's actions when ... Get more on HelpWriting.net ...
  • 37. Should Be Allowed In Court Cases Beside jurisdictional questions, I think we have three main arguments on the injunction fee's issue. They are 1) the motion is not timely, 2) the statute does not allow for fees to be placed upon the State, 3) the injunction was not improperly granted. I would start off by mentioning that Idbeis v. Wichita Surgical Specialists, P.A., 285 Kan. 485, 488, 173 P.3d 642, 646 (2007) does appear to be the main case in this area of law, and beside Idbeis most of the other cases tend to be older, so some areas of this topic do not seem to be covered well. I would also note that if fees were to be awarded, they would only be able to get fees related to attempts to overturn the injunction and so say fees that were done for the general case would not apply. ... Show more content on Helpwriting.net ... § 60–905, provides that a party seeking an injunction post a surety. This surety according to the statute is used to pay damages. The State though is not required to pay a surety and I believe there is an argument to be made that damages can only come for sureties. I would first mention that there is a case that does somewhat counter this idea. Brady, 25 Kan. App. At 795–96. In Brady, the Court of Appeals did imposed fees on a party that did not post a bond, because the court did not requirement them to do so. Id. The Court did indicate that the State may need to post a surety, but this was dicta as the State did not play a role in the case. I should note that attorney fees can only be required if there is a clear and specific statutory provision. Idbeis, 285 Kan. at 488. The Kansas Supreme Court has indicated that a party was entitled to recover if a bond was present. Alder v. City of Florence, 194 Kan. 104, 111, 397 P.2d 375, 381 (1964). Furthermore, the Court has also indicated that the bond itself it the source of damages. Texas Const. Co. v. Hoisting & Portable Engineers' Local Union No. 101, 180 Kan. 393, 396, 304 P.2d 498, 500 (1956). An early Kansas case also found that a party could not recover in an amount higher than the bound. Baker v. Craig, 127 Kan. 811, 275 P. 216, 217 modified, 128 Kan. 676, 280 P. 771 (1929). I think there is an argument to be made that because the statute does not require Kansas to post a bond, that there is no source for damages to be paid under the ... Get more on HelpWriting.net ...
  • 38. AIA Contract In the instant matter, the 2007 settlement agreement reflects an intent to modify the prior AIA Contract, not to "fully extinguish" it. Or, in the words of Judge Wallace, the 2007 settlement agreement was merely "a narrowing of the universe of potential claims," (E. 2283), but not an "extinguishment of the old contract." Leisner, 252 Md. at 564. First, paragraphs nineteen (19) and twenty–two (22) of the 2007 settlement agreement expressly provide, this agreement shall not operate to release any claims or rights that Metropolitan may have against WCS and/or its sureties under any warranty or guarantee or any claims or rights that Metropolitan may have against WCS and/or its sureties under any warranty or guaranty or any claims or rights that Metropolitan may have against WCS and/or its surety for latent defects[,] (E. 887 (emphasis ... Show more content on Helpwriting.net ... at 214, all the rights and obligations of the prior agreement–no "exceptions." (E. 2267, 2269; Appellant's Brief at p. 21). In this matter, the plain and unambiguous terms of the 2007 agreement– consistent with National Surety's concessions to this effect–demonstrate that it was not "clearly and satisfactorily" intended to "fully extinguish[]" "all of the provisions of the earlier contract" so as to completely "discharge" the prior agreement. I.W. Berman Props., 276 Md. at 8; Clark, 286 Md. at 214; Restatement (Second) of Contracts § 279 cmt. a. Accordingly, National Surety's position is ultimately implausible because: 1) the 2007 agreement expressly incorporates provisions of the AIA Contract; 2) the integrated provisions of the AIA Contract further incorporate the AIA Contract in its entirety; and 3) various other provisions that fall outside the scope of the 2007 agreement still governed the parties' relationship. As such, the 2007 agreement was not a substitute ... Get more on HelpWriting.net ...
  • 39. On April 10, 2006, Wcs And Metropolitan Entered A Standard On April 10, 2006, WCS and Metropolitan entered a standard form agreement to complete certain portions of the construction of a 397–unit apartment complex located in Camp Springs, Maryland. (E. 932, 947–1007). The agreement consisted of multiple contract documents including: AIA Document A131 CMc–2003 and AGC Document 556, Standard Form Agreement Between Owner and Construction Manager (E. 947–63); AIA Document A201 – 1997, General Conditions of the Contract for Construction (E.964–1007) (the "General Conditions"); and AIA Document A121 CMc – 2003, Amendment 1 (collectively, the "AIA Contract") (E. 932). The AIA Contract named Metropolitan as the owner and WCS as the construction manager. (E. 947). Sections 11.4.5 and 11.4.7 of the General ... Show more content on Helpwriting.net ... . . . The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. (E. 997–98). Additionally, the General Conditions provide: § 11.4.3 Loss of use insurance. The Owner at the Owner's option may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner's property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner's property, including consequential losses due to fire or other hazards however caused. (E. 997) (§§ 11.4.3, 11.4.5, and 11.4.7 of the AIA Contract are referred to collectively as the "Waivers"). As is all too often the case, a payment dispute accompanied the conclusion of this substantial construction project. In early 2007, Metropolitan refused to pay WCS several million dollars due for the labor and materials furnished to the project. (E. 917). As such, WCS filed a complaint to establish a mechanic's lien. (Id.). In consideration for WCS's release of ... Get more on HelpWriting.net ...
  • 40. National Surety Justifies Its Disregard Of The Waivers National Surety justifies its disregard of the Waivers because–it contends–WCS forfeited its right to enforce the Waivers upon the execution of the 2007 settlement agreement. This position, however, is couched on the mistaken premise that the Waivers are "rights, claims, debts, liens, demands, [or] actions of any nature whatsoever." (Appellant's Brief at p. 9). To the contrary, the Waivers bargained for in the AIA Contract operate as immediate discharges of Metropolitan's right to pursue claims that are covered by insurance. Accordingly, the Waivers are units of consideration that Metropolitan tendered when the AIA Contract was executed. Therefore, irrespective of whether the 2007 settlement is a substitute contract–it is not–the ... Show more content on Helpwriting.net ... If, however, the release is merely a discharge given by and from the perspective of the releasing party, then it affords no affirmative rights to the released party and it can only operate as a defensive "shield"–that is, a negative defense to a breach of contract claim. Id. In Kaye, this Court relied on comment a to § 295 of the Restatement (Second) of Contracts for the proposition that "[d]ischarge by release . . . has long been regarded as an executed transaction rather than an executory promise." Kaye, 227 Md. App. at 682. Therefore, any right to maintain an action on the released obligation ceased at the time Lawrence Kaye gave the release. Likewise, in this case, "a lawsuit predicated on claims that have been [waived] cannot be actionable as a breach of contract, because a [waiver] is a unit of consideration that is tendered . . . immediately at the time of contracting." Kaye, 227 Md. App. at 682. Like the release at issue in Kaye, the Waivers at issue here are not affirmative rights possessed by WCS, but the voluntary forfeiture of rights previously possessed by Metropolitan. Indeed, the analytical constructs governing waiver of subrogation clauses generally mandate a construction consistent with Kaye: Because an essential element of subrogation is that the insured [here, Metropolitan] have a ... Get more on HelpWriting.net ...
  • 41. Court Surety Bonds Essay Different Types of Court Surety Bonds Court proceeding may require particular parties to file surety bonds to verify their financial integrity and personal credibility in and out of the courtroom. Court Surety bonds help to protect parties from losses that may occur as a result of fraudulent actions or a court decision. In some cases, they may be to ensure fulfilment of a court appointed task. There are different types of court bonds used for various court proceedings. Categories of Court Bonds Probate/Executor bonds Injunction Bonds Custodial bonds Appeal Bond Defendant Bonds Plaintiff Bonds Probate Bonds This type of bond is required by a person who's been assigned to disperse properties of one's estate. Being that there is an expected ... Show more content on Helpwriting.net ... This type of bond guarantees the awarded party payment in case the appeal is lost. Also, it stops time wasting appeals. Defendant Bonds Defendant bonds block complainant's action to pursue fulfilment of a claim. This means that they allow the defendant to regain control of contest property. Defendant bonds are further classified into: Release of lien bonds Counter replevin bonds Bail Bonds Plaintiff Bonds Plaintiff bonds are required to ensure the protection of the defendant in case the plaintiff loses the lawsuit. In such a case, the plaintiff is liable for any damages the defendant may suffer as a result of court proceedings. How Much Does a Court Bond Cost? The amount charged depends on which court bond you need. Also, the cost will depend on the state
  • 42. the case takes place in and what judge is handling the case. An agency can provide you with the lowest rates for your court bond. Most states require you to have a bond before proceeding. Getting your bond before the proceeding will help you save time and get your bond at the best ... Get more on HelpWriting.net ...
  • 43. The Contract Of Bail Case Historically, the contract of bail, traced to a gradual increase of faith in the honor of a being a legal hostage and the consequent relaxation of actual imprisonment, constitutes one of the first appearances of the concept of contract in our law. The early contract of bail differed from the modern bail bond in its mode of execution as it was simply a solemn admission of liability by the sureties made in the presence of an officer authorized to take it. No signatures of the bail were required, and it was not necessary for the person bailed to bind himself as a party. The undertaking to forfeit a sum in a written bail bond came later in the course of time. The purpose of a bail bond with sureties is to ensure that the accused will appear in court at a given time by requiring others to assume responsibility for him on penalty of forfeiture of their property. In times past, especially when the sureties were friends and relatives of the accused, it was assumed that due to his personal relationship the threat of forfeiture of the surety 's property would serve as an effective deterrent to the accused 's temptation to break the conditions of the bond by flight. On the other hand, it was assumed that this threat would also inspire the surety to keep close watch on the accused to prevent his flight. On a bail bond, the accused and the sureties are the obligors, the accused being the principal, and the government as the obliged. In the event the conditions of the bail bond are ... Get more on HelpWriting.net ...