The law of negligence is based on the standard of a reasonable person, defined as a hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a comparative standard for determining liability. The flexibility in this standard carries over to the defense of “sudden emergency.” The sudden emergency […]
The sale of any product in Massachusetts comes with an implied warranty of merchantability from the manufacturer which guarantees that the product is fit for its intended use. The warranty is distinguished from any express warranties specifically stated by the manufacturer or seller, and cannot be waived or disclaimed. The implied warranty is intended to […]
Declaration of Homestead As discussed in an earlier issue of Legal News, a declaration of homestead protects a person’s principal residence from creditors. If you own any interest in property in Massachusetts and occupy or intend to occupy the home as a principal residence, you may file a declaration of homestead at the Registry of […]
As discussed in the February 2016 issue of Legal News, the formation of any contract, including those for the purchase and sale of real estate, requires the present intention of the parties to be bound by the agreement. In a transaction for the purchase and sale of land, the initial agreement is most often embodied […]
Massachusetts law sets a six-year limit during which any tort action alleging deficiency or neglect in “the design, planning, construction, or general administration of an improvement to real property” must be commenced. The six-year clock begins to run upon substantial completion of the improvement. Unlike a statute of limitation, a statute of repose cannot be […]
