South Carolina law recognizes breach of contract as a valid legal claim creating liability for the breaching party and damages for the non-breaching party. Before there can be a breach, ho
wever, a party must establish a valid contract. A contract is created when there has been an offer identifying a “bargained for exchange,” acceptance of that offer, and an exchange or promise to exchange valuable consideration. Sauner v. Public Serv. Auth. of S.C., 581 S.E.2d 161, 166 (S.C. 2003). Once a contract has been created, both parties are bound by their duties thereunder.
Sometimes, however, a party stops performing his or her duties under the contract. He or she may communicate to the other party a desire to stop performing some or all duties or may simply stop performing all together. This is considered a breach of the contract. There can be many reasons for breach, including a disagreement between the parties or external circumstances that interfere with a party’s ability to perform.
The question, then, is what to do when one party stops performing. The first step is to look for an answer in the contract itself—did the parties agree to what happens in this situation? For example, if the non-performance is caused by some external factor out of the parties’ control making it more difficult than anticipated to perform, the contract may include a provision excusing a parties’ non-performance.
health, safety, or disability reasons. In Part 2, we examine how the state of businesses during the COVID-19 pandemic impacts the discussion of whether telework is a reasonable accommodation.
employers are unsure how to respond to such requests on both a practical and legal level. This two-part series addresses some legal considerations for employers and employees regarding teleworking as a way to minimize health risks posed by COVID-19 for individuals with disabilities. In Part 1, herein, we provide an overview of the reasonable accommodation laws protecting an employee with a disability.
assists medical practice owners with set up, a variety of business transactions, dissolutions and wind-down of the business. Medical licensing rules do not necessarily govern the non-physician owner, but there are potential obligations all owners should be aware of.
government organizations that experienced revenue losses from COVID-19. The purpose of the Act is to offer financial relief and to establish telehealth benefits for patients needing non-COVID-19 services. Section A of the Act authorizes programs for relief and contains information about mandatory spending provisions, while section B contains provisions regarding discretionary and emergency appropriations. Over the next few weeks, this blog will discuss recent changes to the CARES Act, and the impact that those modifications are having on hospitals and physician practices. This post provides a brief overview of the CARES Act, as well as the attestation process that providers must follow upon receiving funds.
to audit providers suspected of fraud. UPIC contracts combine Zone Program Integrity Contractors (ZPIC’s) and Medicaid Integrity Contractors (MIC’s) to coordinate Medicare and Medicaid auditing. UPIC’s focus primarily on Medicare claims, and seek to distinguish between provider billing errors or fraud.
se be used and allows physicians to manage chronic illnesses remotely, without the in-person interaction that exposes provider and patient to the risk of spread. This increased reliance on telemedicine has prompted state and federal legislative bodies to pass new rules and guidelines to promote access to telehealth services by reducing costs, increasing availability, and promoting relationships between healthcare providers and their patients. Our Georgia-based business and healthcare law firm follows regulatory developments that impact healthcare providers. As of the date of this post, seven states (Arizona, Florida, Kansas, Maine, New Jersey, Oregon, and Utah) have waived restrictions on telehealth. More relaxation of telehealth rules may be expected.