Basics of a Residential Snow Removal Contract

Basics of a Residential Snow Removal Contract

What is a Residential Snow Removal Contract?

Residential snow removal agreements are written contracts that outline the terms and conditions under which snow and ice from a residential structure’s driveway and walkways will be removed. These agreements are commonly signed by homeowners and service providers as early as late summer, and often no later than November 1st. Here in Wisconsin, "snow season" typically runs from November through April. Having an agreement in place ensures that the service provider has a commitment for X number of snowfall events and that it can invest money into equipment and staff as needed to handle its future obligations under the agreement.
These agreements are generally enforceable as long as they are supported by consideration and do not otherwise violate any statutory or common law prohibition. This means that each party is expected to uphold the deal’s terms by either providing the agreed-upon services or making agreed-upon payments. A homeowner who fails to pay for services may face the same types of lawsuits as if he or she failed to pay for any other type of goods or services. In addition, a service provider who fails to provide the agreed-upon services may be liable for breach of contract and may also be investigated for insurance fraud if the provider submits an insurance claim to a homeowner’s insurance company for snowfall or icy conditions even though they do not exist or were not caused by an agreement violation .
So why is a residential snow removal agreement important? An agreement can protect the consumer by setting forth the terms of the deal and reciting any relevant limitations on the service provider’s liability. It can give the service provider the assurance of a steady stream of income so it can acquire the equipment and personnel needed to timely handle the especially heavy snowfalls that can occasionally occur. And, it can make clear to all concerned that there are limits on the extent to which a service provider is required by law to go when removing snow from a residence. It also gives the homeowner notice of his or her obligations and limitations when requesting snow removal or, for that matter, seeking to contract with a service provider in the first place.
A residential snow removal agreement can also protect service providers by setting forth the terms of the deal, including how payments will be made and the extent to which the service provider can expect to be compensated for hazards beyond its control. For example, what happens if the service provider’s work must be redone because a tree fell on the driveway after the service provider completed its work? What happens if the homeowner’s car was stuck outside after the snowfall and the service provider inadvertently damaged a tire in the process of pushing the car out? The agreement can address these contingencies and set compensation terms, if any, for each circumstance.

The Key Of Counter Offers in the Law of Contracts

Definition of a Counter Offer

A counter offer in the context of contract law refers to a part or whole rejection of an existing offer, with the purpose of proposing new or amended terms to form the basis of a contract. In such a context, the original offer is effectively rendered void, as the counter proposition can be seen as an offer in and of itself to rectify the agreement to which the original offeror responded. In order to achieve a meeting of the minds, both parties must envisage the same contractual terms for an agreement to materialize, which is precisely where counter offers come into play.
Counter offers are an essential tool in negotiations, as they provide a way of moving deal talks forward by replacing what was considered to constitute a viable contract offer and replace it with a new proposition. For instance, a counter offer would become relevant in the event that a seller looking to offload their property into the market had a buyer who was interested in purchasing the property. However , the buyer enters a counter offer proposition towards the seller that lowers the purchase price of the property, thus rendering any original offer to be overridden. What this does is reject the initial terms of the offer, by replacing such terms with the amended terms of the counter offer.
However, a buyer can continue to place counter offer propositions as many times as they feel necessary until they reach a desirable situation in which a deal can either be shut down, or the terms negotiated to a point of fulfillment. Once the grounds of the offer have been overturned and replaced with a set of conditions that is agreeable to both parties, a deal can be made, and the contract formed on the basis of the latest terms that have been offered and accepted. In theory, such an agreement should be legally enforceable, granted that the terms be legal and that the parties involved be above the age of 18 and of sound mind such that their ability to enter into agreement can never be called into question.

Can You Sue an Employee Individually? Legal Considerations and Insights

The Legal Framework

When a customer seeks to hold an employee individually liable, it is usually under a theory that the employee acted outside the course and scope of their employment, or that the employee acted with an independent intent to harm the plaintiff separately from the employer. This presents a different scenario than holding the employer company liable in the first instance. The legal principles that surround when the plaintiff can and cannot sue the individual employee rather than or in addition to the company all have to do with concepts of vicarious liability and respondeat superior.
Under the doctrine of vicarious liability, an employer can be held responsible for harm caused by the wrongful acts of its employees. The wrongful actions of the employee are imputed to the employer. A key legal concept underlying vicarious liability is that although the employer did nothing inherently "wrong," it is responsible to its customers for the manner in which it conducted its business . An employer may be relieved of vicarious liability to the extent that its employee acts outside the course and scope of employment, which means in effect that the employer was not in charge of what its employee was doing. There is no liability for the employer where the employee is completely on a frolic and detour unrelated to his or her job duties. An essential element of vicarious liability is the employee’s relationship to the employer. Factors to consider include: Respondeat superior is simply a legal term referring to the employer’s responsibility for injuries and damages that its employee wrongfully causes. The policy and logic behind vicarious liability is that the employer is in a more effective position to protect customers and third parties from the misconduct of its employees. In most cases, vicarious liability does not extend to agents and independent contractors who are not employees of the company.