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  1. #1

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    Acting in the interest of another individual without their express permission

    Jurisdiction / State: New York

    Question:

    Can a person act to prevent loss to another without their permission to preserve their right of
    redress due to time limits stated in a contract?

    Additional Details:

    If I am aware that John is the rightful holder of an entitlement to a cash award and the time limit
    for submitting such a claim is rapidly approaching, and I am unaware whether John knows that he is
    so entitled, or that he knows that the time limit for making his claim for the award is imminent,
    can I act on this knowledge and make the claim on his behalf in order to preserve his interest
    without his permission if I am unable to contact him?

    Additional information:

    If the answer is no, would my intervention be looked at more favorably by the courts if we
    (John and myself) belonged to a class of persons who were issued the offer of the cash award
    for performing certain tasks, since I would then be a member of a group that would have been
    materially affected?

  2. #2
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    You must have standing to intercede in such a scenario. That standing could be as father to child, guardian for an incapacitated person, etc...

    Generally, no standing in the matter won't bar you from bringing any action. Lack of standing, however, will not result in successfully achieving your intended outcome.


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    Super Moderator Samaritan & Scholar

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    1.) No.

    2.) No.

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    It's my understanding that:

    STANDING: In it's broadest sense, gives a claimant the legal right to initiate a lawsuit, if they are be sufficiently
    affected by the matter at hand, which must be a case or controversy that can be resolved by the initiation of
    legal action.
    That being said, I am not seeking the right to initiate a suit on behalf of John. I am only seeking to
    preserve John's right to do so, if and only if the party who is liable to him for the cash award seeks to void their
    agreement by claiming that John himself did not file his claim within the time limit specified, even though their agreement
    fails to state that claims can only be made be the rightful holder of the cash award, given that John later ratified my claim
    that was made on his behalf.

  5. #5

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    Minor or Major?

    MOONWINK:

    Even presuming for a moment that you DO have standing in this matter*, or any other (legal matter), you will still be barred by the simple fact that is the operation of the law, to assert, present, advocate, or claim any rights under the terms of a contract or conversely invoke defenses to the same on another’s behalf except your own.

    Unless, and only unless: you are (let’s say) the attorney of record for John and have been dully retained by him to litigate a legal cause or defend a legal claim on his individual behalf. Also, the second you mention words to the effect “to be a member of the class affected by the case or controversy…,” you enter the realms of Class Action Litigation which is the exception wherein a person can in fact advocate or assert a legal claim on behalf of another person, 1,000, or 10,000 other people whose identities can either be known or unknown to him and by whom he may have or may not have been retained. But then again that person can only be an attorney and not a non-attorney.

    In any event, if as you have mentioned in your posts that you and John are in fact members of the class so aggrieved who have consequently been compensated by award of a Judgment in favor of the class, you need not worry about John missing his pot of gold, regardless of whether he knows about the litigation or the award. Because as long as he is a member of the injured class which received the compensation, he shall receive his share of the proceedings.

    That apart, the answer to both your questions would of course be a resounding YES if John is a minor (an infant) and you are either his natural parent or his legal guardian.

    fredrikklaw

    Only a lawyer can use 10,000 words to write a documewnt and then call it a Brief!

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