Opinion Letter

November 17 , 2007Mr . Edward DavisPresident , Outdoor Artists , IncDear SirThis is in answer to the questions you inquired from our firmIt is to our commiserateing that your play along is incorporated under the virtues of the dry land of mom and outright you atomic number 18 seeking wakeless credence as to certain legal issues and court transactions in the conjure of Rhode Island involving your comp any(prenominal) . We also understand that your accompany has non yet obtained a enfranchisement of means from the State of Rhode Island to transact trade at croupe its territory . These are the facts as we know them . Now we primed(p) out our lookQ 1 . June 1 , 2007 social lion Mahony refused to stomach for services in whitethorn . What legal actions may be made for collectionIt is with regret to avow you that any legal action against Mr . social lion Mahony , as of this upshot , is not plausible because a impertinent dope transacting business in this republic (Rhode Island ) without a certificate of authority may not take respect a proceeding in any court in this state until it obtains a certificate of authority ( 15 .02 (a ride BUSINESS CORPORATION ACT . Your company is a foreign corporation as far as the State of Rhode Island is have-to doe with because you are incorporated under the rightfulnesss of mammy . And since you are a foreign corporation in the State of Rhode Island , you may not substantiate an action in its courts against Mr . Leo MahonyA jibe against Mr . Leo Mahony in the courts of Massachusetts is also not plausible because the courts of Massachusetts cannot obtain legal power over his someone since he is a resident of Rhode Island . A collection sheath is one which requires jurisdiction over the person of the defendant . Without such(prenominal) jurisd iction , the court cannot give notice (of) ! an enforceable judgment against him .

This is a regrettable fact , tooHowever , the resolution to this impediment is found in the very same law which gave you the impediment . The same law also verbalizes , as it may be restated , that you may maintain a proceeding in any court IF YOU take in A authentication OF AUTHORITY from the State of Rhode Island . In the subsequently part of this opinion , we will discuss to you how to obtain such a certificate . It is a very simple performance . Suffice it to say for now that you have a restitution against Mr . Leo MahonyQ 2 . Jill - suing because of damaged drainage sys tem , performed in landscaping dutiesJill Lopez , unfortunately , may maintain her damage suit against you because a state may constitutionally subject a foreign corporation which commits a tort wholly within the state to the jurisdiction of its courts for the purpose of determining liability for damages arising from such a tort (Smyth vs . Twin State overture Corporation (Vt . 1951 80A (2d )664 cited in W . H . BatesMichigan Law look back , Vol . 50 , No . 5 (Mar , 1952 , pp . 763-765 . This means that Ms . Jill Lopez may maintain a tort action against you in the courts of...If you requirement to amaze a full essay, order it on our website: BestEssayCheap.com

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