Tuesday, 31 May 2016

Stop Everything And Make This Tree Stump Cat Scratch Pad

It… it’s so cute.

Give your kitty a little slice of nature with this easy scratch pad.

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*Cardboard
*Box cutter
*Packing tape
*Cork sheet
*Scissors
*Felt sheet
*Hot glue and glue gun
*Catnip (optional)

Cut about 20-30 of 3.5inch/8.89cm cardboard strips. Roll up the first strip and tape it closed. This is the core.

Make close creases on the subsequent strips to ensure a smooth, circular shape when wrapped around the core. Start taping and wrapping layers until desired width of trunk is reached. Tape off last strip.

Cut a strip of cork sheet the same width as the cardboard. Break off the smooth end for a rough edge. Start breaking the cork off and gluing them one at a time, so that the broken pieces match up giving that 'tree bark' look.

Cut out a circle of felt that fits the bottom of the trunk. Glue it down.

Optional: Rub some catnip into the stump. The felt bottom should catch the catnip and prevent it from spilling everywhere.

COMPLETE!

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Facebook Helped Reunite This Woman With Her Lost Dog After 33 Days

Faith in the internet restored.

Dinesh Khanna

And these are their adorable doggies, Moti and Thumki.

Dinesh Khanna

On April 25, two-year-old Thumki pulled away from Rachana while on a visit to the vet. Thumki, who was sick for a while, fled and despite being chased on foot and by car could not be found.

Mahi Khanna / Via facebook.com

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Someone Filmed This Giant Alligator Casually Walking Across A U.S. Golf Course

JUST LOOK AT THE SIZE OF THAT THING.

Golfers at a course in Florida watched in horror as a massive alligator took a short stroll across the green.

Golfer Charles Helms naturally filmed the beast as it wandered over the Buffalo Creek Golf course in Palmetto, uploading the video to his Facebook Wednesday.

Charles Helms/Golf.com / Via youtube.com

"I was stunned and silent,” Helms told ABC Action News. "It was just laying down, resting, when it got up and started moving towards the big lake."

Charles Helms/Golf.com

"Alligators are very common on Florida golf courses, but this one was the biggest we have ever seen," he told BuzzFeed News. He added that he only decided to film the creature because he wanted to show his family.

Helms estimates the creature was at least 15 feet long. The alligator has been seen before on the course, and is something of a "club mascot," according to one employee.

“He doesn’t bother anybody," employee Wendy Schofield told NBC affiliate KSNV. Schofield added the alligator was a course "highlight".

A hunter recently claimed to have shot a 15-foot, 800-pound alligator in Southern Florida. On average, wild alligators tend to grow to roughly 11 feet.

Charles Helms/Golf.com

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A Couple Spent Hundreds Of Dollars To Get A Giant Tumour Removed From Their Goldfish

Just keep swimming.

Say hello to Nemo, a goldfish from the U.K. who had a very large tumour but was lucky enough to have some incredibly caring owners.

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Although the tumour was basically the size of his head, Nemo's owners in Buckinghamshire weren't ready to give up on him. They drove Nemo more than two hours to Bristol to get surgery at Highcroft Exotic Vets.

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The procedure got "a little bit hairy at times," the clinic wrote on Facebook, but Nemo managed to pull through.

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“He got a tumour that grew and grew. We saw that another fish was operated on so we thought we have got nothing to lose," owner Roy Hands told The Mirror.

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The clinic's surgeon, Sonya Miles, has made headlines for her fish surgeries before. Last year she managed to remove a tumour from behind a goldfish's eye.

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These Stubborn-As-Fuck Birds Both Refused To Let Go Of A Snack

Meat snax > gumdrops.

Redditor freshAU was being a kind human and feeding his wild kookaburra pals some tasty meat morsels when two snagged the same piece and refused to let go. For more than 30 minutes.

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He tried giving it a lil' tug.

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But they just chittered and held on tighter.

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He also tried layering on some more tasty snacks.

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14 Reasons To Follow This Adorable Otter On Instagram

♪ Hello from the otter siiiiiiide ♪

Meet Takechiyo, an otter living in Japan who is captivating our hearts on Instagram with his daily adventures.

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He spends most of his time lounging around while effortlessly looking cute. Same, tbh.

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LOOK AT THAT LIL' FACE. 😍

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When he's not lounging, he helps his mom with important business, and makes sure her typing fingers take a break with a nice massage.

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17 Pictures That Are Literally You As A Dog Owner

Because dogs are family.

When you consider your dog your baby:

Twitter: @freckily

And your favorite family member:

Twitter: @havynstone

Twitter: @lucyylyon

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How to Write a Last Minute Essay

Although it's much easier to write an essay well ahead of when it's due, many of us leave essays until the last minute, at least once in a while. If you find yourself in this all-too-common situation, stay positive and don't panic - it's possible to write a good essay, even when time is short.

EditSteps

EditCreating the Right Environment

Remove or minimize distractions in your workspace. These may include other people, noise, television, music, your phone, and the internet.
- Temporarily block websites that you know might distract you, such as social media websites and apps.
- Some people prefer to use earplugs to block or reduce out any ambient noise.
- Let others around you know that you have to work on an assignment and would appreciate not being disturbed.
- Call off anything you'd plan to do otherwise. Explain that you have a last minute essay to finish. Be persistent if people try to pull you away from your work: "I'd go out if I could, but I HAVE to finish this essay. Maybe tomorrow?"
Prepare your workspace for writing. Wherever you are working to write the essay, make sure it is clear of clutter and is comfortable. Just don’t take things too far. You’re trying to make your workspace conducive to writing, but if you find yourself trying to deep clean your entire house before you write your essay, you’re probably just procrastinating. ^[1]
Gather whatever materials you will need to write the essay. This includes any textbooks, notes, articles, research, etc., as well as your computer and/or writing utensils.
- If you have any other things that help you write, like snacks or coffee, have those easily available as well. You’ll need to stay energized and comfortable throughout the writing process.
Take a deep breath. Once you have everything you need to start writing, take a moment to focus before you begin. Breathe in, and try to focus your mind on the essay you are about to write. Motivate yourself by thinking about how you are now ready to tackle the task of writing, rather than stressing about how you don’t have enough time: "I can do this. I've got everything I need in front of me. I just need to focus for X amount of time, and then I'll be through with this essay."
Work extra hard to focus if you're planning on writing late into the night. Pulling an "all nighter" is not recommended when trying to write an essay, as it can leave you exhausted and your work seeming unfocused. If you are in a situation where you have to do this, however, a few guidelines will help you to do the best you can:^[2]
- Save caffeine for when you really need it. Try to avoid having too much early on in the process, because caffeine will eventually cause you to mentally "crash."
- Don't get too comfortable. Write in a place that means "work" to you, such as a desk, study room, or library. Try not to get in your pajamas or lie in bed. You'll want to keep your mind on writing, not drifting off to sleep.
- Get some exercise now and then. Get up from your work to walk around for a few minutes, or do a few pushups, etc. once in a while while working on your essay. A little bit of exercise will help keep you energized and stay focused.
- Get plenty of sleep the next day. You will need to recover from your lack of sleep.

EditPrewriting

Start by reading the assignment. Look over any prompt or guidelines you have for writing the essay very carefully. Sometimes fully understanding the assignment is half the battle.^[3] You will want to make sure you follow any instructions you are given regarding the length, format, and content of the essay. Usually, the keys to writing a great essay are there in the prompt.
- For example, if you are writing for a literature class and a prompt asks you to "illustrate your argument with specific evidence," you'll know that means the essay will need to quote directly from the text you are reading.
Make an outline. Choose a style you prefer (bullet points, a diagram, brief sentences, etc.). The outline doesn’t necessarily have to be very extensive, but at the very least you should jot down the main points you think your essay will make.^[4]
- When making your outline, work closely with the texts or research you will use to write the essay. Look for key points and quotations that you think you might incorporate into the essay, and make a note of them.
- While it might seem like stopping to make an outline will eat up precious time, it will actually help you write more efficiently and clearly.^[5] Having a few points in mind, and a sense of direction, will keep the essay from rambling.
Don’t use over-preparation as a way of procrastinating. This is especially the case if you are working on a paper that requires research or outside readings. It is tempting to put off the actual writing of the essay by doing more research, but the preparation has to come to an end so you can begin your work.^[6] You can always come back to your research while you are writing or revising if you think you need to incorporate more.

EditCrafting a Strong Thesis

Consider what the main point of your essay will be. Many rushed papers lack a strong thesis.^[7] Spending extra time focusing your main objective will result in a stronger essay. What question will your essay address?
- Sometimes, an essay prompt gives you a specific question to answer, and sometimes you are asked to develop your own, so read your assignment directions carefully. Whatever the case, your thesis is your specific answer to the question.
Formulate a thesis that is arguable. This means that you will be working to convince your reader of your point by providing evidence to back it up.^[8] Write out your thesis when you are making your outline. If it sounds like too obvious of a point, revise it until it seems more arguable. A thesis is more than a topic or statement of fact.
- "United States government" is an example of a topic or subject.
- "The United States government is comprised of three branches: the legislative, the judicial, and the executive" is a statement of fact.
- "The structural division of the United States government into the legislative, judicial, and executive branches is responsible for the long-term stability of the nation" is an example of a thesis because it would leave a reader expecting you to explain further. They might wonder, for example, why you think the branches of the government are responsible for the nation's stability, as opposed to economic or cultural factors, and you essay has the opportunity to explain and answer this.
Choose a thesis that is appropriate to your assignment type. There are several kinds of theses. For example, an expository thesis explains something to readers, while an analytical thesis breaks down a topic into parts and evaluates them. Even an essay based on a narrative (story) will benefit from a clear thesis.^[9] Read your prompt or assignment sheet carefully to understand which kind of thesis you need for your essay.
- A prompt that asks you to "Evaluate the relationship between the branches of the United States government," for example, seeks an analytical thesis. On the other hand, a prompt that asks you to "Describe the process by which the United States government was divided into three branches" is asking you to narrate a sequence of events.

EditWriting the First Draft

Begin with the introduction. The introduction is a very important part of an essay—perhaps the most important—because it orients your reader and explains your argument.^[10] For the first draft, however, don’t agonize over it. You just need to begin writing. The introduction doesn’t have to be perfect in the first draft, because you can come back and edit it later. Get something down, and it will help you move confidently forward.
- When you are pressed for time, don't worry too much about writing a creative introduction--just try to write one that is clear and focused. If you have time left at the end, you can come back and try to improve it.
- A simple but effective plan is to make sure that your introduction states your essay's thesis, and gives an overview of what the subsequent paragraphs or sections will discuss. Your outline will help you do this. A simple version of this would look something like "In this essay, I will first describe X, before moving on to Y and Z. Then, I will explain the relationship between X,Y, and Z, demonstrating that [insert thesis statement here]."
Follow your outline. Take the writing of the essay bit by bit, following the outline you made. This will keep your writing on track, and keeping your plan in mind will encourage you to keep going.
Don’t get caught up worrying about word choice, spelling, etc. If you're wavering between describing Shakespeare as a "great" writer, or "the greatest," for example, just pick one for now and move on.You’ll be able to deal with such things when you do a final read-through of the essay. When time is short, you will write more productively, and keep your morale up, if you keep pushing through with more writing. ^[11]
Cite any works you use as a reference or for quotations. If you are quoting another work, cite it according to the style (MLA, APA, Chicago, etc.) your instructor wants you to use. Even if you are just paraphrasing a work, you should cite it. If you don’t properly cite your sources, you are plagiarizing. As a rule of thumb, if you got an idea or information from a source outside of your own head, you should cite it.^[12]
- It is far easier to cite while you are writing than to go back and try to add in citations after you have written your paper. Keep up with them as you go.
Pace yourself. While you have to work quickly, take a short break from writing now and then, especially if you get stuck—just don’t get distracted and take too long.
- Some prefer to take scheduled breaks, by setting a timer or watching a clock. Others prefer to take a break after reaching a convenient stopping point, such as the end of a paragraph or page. Whatever method you choose, make a note of where to pick back up when you return to writing.^[13]
- Take a breath, get up, have a drink or snack. By taking a short break, you’re not wasting time—you’re actually helping yourself write more efficiently by clearing your head and relieving stress.^[14]

EditReviewing your Work

Reevaluate your essay’s thesis and argument. Look back over your essay and make sure one last time that your thesis makes sense and is arguable, and that your writing supports it. ^[15]
- Editing at the end is a critically important step.^[16] While it can be tempting to consider yourself done once you have a draft, you can greatly improve your essay (and eventual grade) if you take some time to review it and make any necessary changes.
- Review your essay’s structure, organization, and style. Make sure your paragraphs proceed in a logical way; move them around if they don’t. Now is also the time to go back and edit any of your sentences for word choice, clarity, and grammar.
Focus your editing if you are running out of time. If you're really pressed for time, then probably the most beneficial things you can do to improve your essay are to make a reverse outline and to revise your introduction.^[17]
- A reverse outline is a great, quick strategy to check the logic of your essay’s structure.^[18] To do this, you create an outline from your finished draft, jotting down the main ideas of your essay paragraph by paragraph. The result will look much like an outline you would create before writing an essay, but you can use it to double-check your finished product.
- Editing your introduction can clarify your thesis and make your essay stronger. While you made your outline and began writing your essay with a certain idea of what your thesis or "point" was, that idea probably changed at least slightly as you wrote the essay itself. Go back to the intro after you have finished a draft of the essay and make any changes to the wording of your thesis based on what the rest of the essay says (the reverse outline will help figure this out).
Proofread your work. At the final stage of writing, do a quick check of your essay for any remaining spelling and grammatical errors.
- Electronic spelling and grammar checkers can help you out, but don’t rely on them to do all the work. Always do a read-through before submitting your work.
- The most efficient technique for catching mistakes is to read your work out loud.^[19]
- Get someone you know and trust to proofread your work, if you can. A pair of fresh eyes can catch mistakes you might have overlooked.
Submit your work on time. Print the essay if you need to. If you are submitting electronically, do everything you can to make sure the file type is correct and the file was received.

EditTips

If you are worried about meeting an assignment’s length requirement, you can try writing longer sentences with more adjectives, or using more quotations. Do so sparingly, however, because over-reliance on these techniques will lower the quality of your work.
Another technique to meet an assignment’s length requirement is to enlarge an essay’s font, margins, or line spacing slightly. Be aware that you instructor might notice the difference, however.

EditWarnings

Whatever you do, don’t plagiarize. The consequences can be severe. Turning in even a lower quality essay is better than being caught for plagiarizing one. If you are truly pressed for time, you can also try asking your instructor for an extension of the assignment’s due date, anyway.

EditRelated wikiHows

EditSources and Citations

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Someone Invented A Giant Silicone Tongue So You Can Lick Your Cat

Because you really wanted to, didn’t you?

I know, I know — you were like, how can me and my cat be EVEN CLOSER and freak all my friends and family out?

Photoobjects.net / Getty Images

Well, thank the furry gawds for the LICKI Brush, a giant faux silicone tongue brush you stick in your mouth that allows you to lick your cat like another cat might.

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Can You Pick Which Cat Just Pissed On The Carpet?

To pee, or not to pee?

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How to Breed Canaries

Canaries are wonderful birds to keep in your home because they are easy to care for and relatively content being alone.^[1] However, one thing about canaries is not completely simple and that is breeding them. Breeding canaries requires some advance planning, specialized equipment, specific food, and luck. Breeding these birds the proper way is important because it ensures a stress-free environment for them, as well as a greater chance of producing offspring. If you plan to breed canaries, only do so if you can look after all the resulting chicks if they don't find homes.

EditSteps

EditPreparing for Your Canaries to Mate

Purchase breeding supplies. In addition to the basic supplies you should already have for your birds, you will need a large cage for the canaries to breed in, a nest for the female to lay its eggs in, and nesting material the female will use to build up the nest.^[2] You may also need a light to shine on the cage if your region is getting less than 14 hours of light each day.
- There are special breeding cages available that first allow the male and female canary to become accustomed to one another without allowing contact. These cages have a divider down the middle that can be removed when you are ready to allow your canaries to mate.^[3]
- Nests for breeding canaries are available from specialty pet supply providers. If you buy a pre-made nest, you will also need to buy your canaries some nesting material that they can add to the pre-made nest.
Keep canaries separated until time to breed. Unless actively breeding, canaries must be kept in their own cages. Males tend to fight and a male might kill the female if she is not ready to breed. Their cages can, however, be kept in the same room.
Watch for signs that the canaries are in "condition," which means they are ready to breed. Breeding usually occurs in the Spring. Canaries like to breed when the temperature is around 70 degrees and there are about 14 hours of light. These conditions can be replicated indoors, in order to promote breeding. Male and female canaries act differently when they are ready to breed.
- Male canaries will usually come into condition before the female. Signs that they're ready to mate include dropping their wings when they sing and singing harsher and louder songs. They may also dance around on their perch and be more territorial when other males are nearby.
- Females will most often begin to tear paper, as if readying a nest, when they come into condition. The most certain sign of their readiness, however, is when their vent appears red and swollen. They may also raise their tails and appear to squat when males are nearby.
Place the male and female canaries near each other, but not in the same cage.^[4] Put their cages side by side or place both birds in a special breeding cage that has a central divider. This will get the birds used to each other and their behavior with each other will tell you if they are ready to mate.
Add a nest to the female's side of the breeding cage. If you are just using a large cage instead of a breeding cage, simply place the nest in the female's cage. Once the female has begun adding nesting material to her nest, it is a sign that she is getting ready to mate.^[5]
Feed a proper diet. Nesting canaries should be fed a proper diet that consists of enriched seed, soft food, and additional calcium from a few weeks before breeding until they are done feeding their chicks.^[6] A cuttle-bone or grit is recommended to give the hen the additional calcium required for producing healthy eggs. These speciality foods are available through pet supply companies.

EditBreeding Your Canaries

Place the canaries together once there are signs that the canaries are ready to breed. This can be indicated by kissing between the canaries and the female beginning to putting nesting material in the nest.^[7] If both are in condition, your male and female canaries will begin to "kiss" through the bars of the wire partition by touching beaks. Kissing may happen right away or it may take a few days after you place the canaries near each other. Once they are ready to breed, you can put them in the same cage.
- Watch for any fighting. If they begin to fight, separate them immediately and watch for signs that they're still both in condition. However, mating can be relatively aggressive, so be sure that you are not witnessing breeding instead of regular fighting.
Watch for breeding behavior. This will begin with the male courting the female canary. Once she is ready, she will crouch down, signaling her willingness. The male will then mount the female is short, successive bursts.^[8]
Look for eggs in the nest. The female canary can lay anywhere from 2 to 6 eggs.^[9] The female will lay one egg a day, usually in the morning. It typically takes 14 days for canary chicks to hatch. They should hatch without any assistance.
Keep the chicks with the male and female canaries until they begin eating on their own, usually they are around 3 weeks of age.^[10] At first the mother canary will stay with the babies all the time and the father will bring the mother food. Then, gradually, the father will take over feeding the chicks, making sure that they get enough to eat.^[11] Once the chicks begin eating on their own and are fully fledged, meaning their wing feathers have developed enough to fly, you may remove them to their own cage.
- At this point you should also separate the parents again as well.

EditVideo

EditWarnings

Canaries are not normally social birds, so just placing a male and female bird in the same cage when they are not ready to mate is more likely to result in disaster than in eggs. You need to be very sure that your birds are ready to mate when you introduce them to each other.

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EditSources and Citations

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Monday, 30 May 2016

How to Terminate a Contract

There are many reasons you may want or need to terminate a contract. A contract may be terminated if certain conditions have changed since the contract was created. Some contracts may also be voided if the contract was never legal in the first place. If you decide to terminate a contract, you should make sure that the termination will result in the least amount of damages for you.

EditSteps

EditSample Termination Letters

Sample Termination of Contract Letter

EditTerminating a Contract Legally

Use a termination clause. Many types of long-term and automatically renewing contracts have a termination clause. This gives you the steps you need to take if you want to terminate the contract. A common termination clause says that the person who wants out of the contract must notify the others involved of his intent to do so. This must be in writing and within a certain number of days from when they want to end the contract or when it will be automatically renewed.
- Termination clauses may include fees for early termination. Be sure you are willing to pay the penalty before using the clause and terminating the contract.^[1]
Argue the contract is impossible. If you are unable to perform your obligations due to some impossibility, you may have a legal right to terminate the contract. You cannot be unable to fulfill the contract because of circumstances you caused yourself. It must be either the fault of the other person involved. It can also be the result of an act of nature, such as a hurricane or tornado. ^[2]^[3]
- For example, if you agree to sell your boat tomorrow and tonight a hurricane comes and damages it beyond repair, the sale becomes impossible, and both parties can be excused from the contract. ^[4]
Claim a frustration of purpose. Frustration of purpose occurs when the reason behind entering a contract goes away. To be able to terminate a contract based on frustration of purpose, the purpose of the contract must be known by all parties involved.^[5]
- For example, if you sub-lease an apartment in order to participate in a large local event such as a parade, but the parade is cancelled, you may be able to terminate the sub-lease contract if the other party involved was aware that your purpose for the sub-lease was to participate in the parade.
Identify a failure of condition. If one party fails to fulfill his end of a contract, that lack of performance may allow the second party to terminate his end of a contract.^[6]
- For example, if someone was contracted to paint a wall, the other party was contracted to pay him for his service. If the painter fails to uphold his part of the contract (painting the wall), then the other party can legally terminate his side of the contract (to pay for the service) because the painting is a condition of the payment.
Negotiate a termination. If you know you want to terminate a contract, contact the other person involved in the contract. Attempt to negotiate an end to the contract. You and the others involved can cancel the contract by mutual agreement at any time. You may want to offer some compromise by offering to pay some type of cancellation fee, returning funds received as a result of the contract, or offering to continue the contract for a few more months. Be sure to put any new arrangement reached in writing and have both parties sign it.
Claim breach of contract. If the person you are in the contract with knowingly fails to keep the terms of the contract, you may terminate your end of the contract. The person who broke the contract has no right to complain that you ended the contract. Since she breached the contract, they have no say in whether or not you terminate the contract. ^[7]

EditRescinding or Voiding a Contract

Rescind the contract. Rescission, or cancellation, of a contract returns the people involved in the contract back to the way they were before they signed the contract. It is a complete cancellation of a contract and may be allowed in certain circumstances. You need to look for the cancellation clause in the contract. The clause will have instructions for rescinding the contract. It will also tell you the time frame that you can do this within. If you are still within the time frame, you need to follow the instructions in the contract to cancel it.^[8]
- For example, a cancellation clause might say that anyone involved in the contract can write to the others involved in the contract and formally cancel the contract. This can be a pre-made form or simple letter stating that you are rescinding the contract. This is only valid after they allow 30 days to pass from the time they wrote the letter of cancellation.^[9]
Show a Statute of Frauds violation. Each state has a Statute of Frauds, which determines that certain types of contracts must be in writing in order to be legally enforceable. These types of contracts include the sale of goods with a value over $500, the sale of land or real estate, the payment of another person’s debts, contracts of marriage, and contracts that cannot be completed in one year.^[10] You should be able to terminate a verbal contract for any of these things, since they must be in writing to be legally enforceable.
Deal with a no cancellation clause. If your contract does not have this clause, check your state’s statutes to see if you may be within a cancellation period. You can also check with a lawyer or your state’s Attorney General. Some state and federal laws require that certain contracts allow for cancellation within a specific period. This can range from 3 days to an indefinite period, depending on the law.
- For example, the Federal Truth in Lending Act (Regulation Z) lets you cancel certain contracts, in which your home is used for collateral, before midnight of the third business day after signing the contract. Federal law also allows you three days to cancel a contract for the purchase of $25 or more in goods or services from a door-to-door salesperson.^[11]^[12]^[13]
- You can also look for resources from your State Attorney General’s office or on their website.
- Alternatively, you can check court records in your jurisdiction to see how other contracts without cancellation clauses were treated.
Negotiate cancellation. If your contract does not have a rescission clause and cannot be cancelled by state or federal law, you can try to arrange a cancellation with the other person who signed the contract. You and the other person or people who are part of the contract may agree at any time to cancel it. This can happen even if the contract itself says it can't be cancelled. If you are able to get the others to cancel the contract, be sure you put any agreement in writing. It also need to be signed by everyone involved in the contract.
Claim Constructive Fraud. You may be able to void a contract because of fraud. There are two kinds of fraud, Constructive Fraud and Actual Fraud. Constructive Fraud occurs when one of the people involved unintentionally makes a false claim about something that the other person relies on. As a result of this action, the person is injured.
- For example, a real estate broker accidentally tells a buyer that the property they want to buy is larger than it really is. Based on this, the buyer purchases the property. The court can find that the broker committed constructive fraud, even though he didn't do it on purpose. If this happens, the broker will have to pay any damages to the buyer and the contract would no longer be valid.
Declare Actual Fraud. This type, also known as fraudulent misrepresentation, happens when one person intentionally lies about something regarding part of the contract. If the other person believes it and is somehow injured, then it is Actual Fraud. This has to be about something material that can be proven false.^[14]
- For example, a painter says he will paint your living room brown using a specific brand of paint. Even if he knows he will use a different brand, the lie is not material. You asked for a brown living room and got one. If the paint works and is brown, the fact that the painter used the wrong brand doesn't matter. If he paints it red instead, he has committed actual fraud.
Prove lack of capacity. There are certain types of people who lack capacity, or the ability, to make certain decisions for themselves. These people cannot enter into legally binding contracts. Age, mental incapacity, or intoxication can interfere with an individual’s capacity to sign contracts. ).^[15] If you signed a contract and lack capacity, you can void your contract. If you signed a contract with someone else who lacks capacity, he may terminate the contract at any time.
- For example, Melissa, 17, signs a contract for a mobile phone service without her parents’ permission. Since Melissa is under 18 and considered a minor in her state, she cannot be held to the contract.^[16]
Reveal that you entered into a contract under duress. If you were forced, pressured, or blackmailed into entering a contract, the contract becomes void. You must have entered into the contract knowingly and freely, of your own will, for it to be enforceable. ^[17]
Show illegality. A contract that is drawn up for something that is illegal is void and unenforceable. This means that either person involved may terminate the contract at any time. In the eyes of the law, there is no contract. For example, Adam agrees to purchase a brothel from Barbara for $500,000. Since brothels are illegal, both Adam and Barbara have the legal right to terminate the contract.^[18]
- This is also true if something makes the action illegal after the contract is signed. For example, Adam agrees to lease property to Barbara for a commercial purpose. Just after they sign, the city rezones the property for residential use only. Because the reason for the contract is now illegal, both Adam and Barbara have a legal right to terminate the contract.
Decide it was a mutual mistake. Mutual mistake occurs when the parties involved in the contract miscommunicated and really never agreed on anything because they did not understand what they were agreeing on. If both you and the other people involved make a genuine mistake in the details of the contract, the contract can be voided if the other person has not yet fulfilled his part of the contract. Once either of you realize the mistake, the contract can be terminated.
- For example, you buy a piece of cattle at a low price because you and the seller believe the cattle is infertile. You later realize that the cattle is fertile. This would raise the price of the cattle from what you paid. In this case, you both made a mutual mistake that can make the contract unenforceable.^[19]

EditHandling a Breach of Contract

Identify a breach of contract. A breach of contract occurs when one party fails to uphold his side of the contract without an adequate legal excuse. A breach of contract can be indicated by a failure to perform or by words or actions that indicate future nonperformance.
Recover your materials. If you are involved in a contract that involves materials (such as the sale of an item), you should be entitled to a full recovery of materials if the other party does not fulfill his end of the contract.^[20]
- For example, if you sell a boat to your neighbor and give him an owner-financed payment plan but he stops making payments, you are entitled to a full recovery of the boat, regardless of the amount your neighbor has paid towards the full amount.
Mitigate your damages. If you are the non-breach party in a contract, you can seek to mitigate (lessen) the damages caused by the other party’s breach of contract by seeking replacement goods or services (known as “cover.”) If the cover costs you the same or less money than your original contract, you may not be entitled to damages. However, if your cover costs you more, you can ask the contract-breaching party to pay the damages (the difference between the original cost and the cover.)^[21]
- Finding cover as soon as possible to the breach of contract can help you show the court that you’ve done your best to avoid consequential damages, or further expenses due to your own failure to act.^[22]
- For example, you may have a contract with a wedding photographer. If your photographer backs out of the contract the week before your wedding, you may need to scramble and find a new photographer at the last minute. If the last-minute photographer costs the same as your original photographer, there are no damages. If the last-minute photographer charges you an additional $500 for the lack of notice, you can ask that the original photographer pay the $500 fee.
Refuse to perform. If you cannot uphold your end of a contract, you can refuse to fulfill the obligations that are laid out in the contract. Refusing to perform your contractual obligations will constitute a breach of contract and may expose you to a breach of contract lawsuit. Before choosing this option, you should consult with an attorney to ensure that you completely understand all consequences of deciding to breach a contract.
File a lawsuit against the breaching party. If the other party has breached a contract, you can file a lawsuit for damages incurred due to the breach. Be sure that you have a copy of the contract, can specifically identify how and when the breach occurred, and document any financial or other damages that you accumulated as a result of the breach.
- You can hire a lawyer to file the lawsuit for you, or you can do it yourself at your local courthouse.
- File the lawsuit as soon as possible after the breach. States have varying statutes of limitations for how long after a breach a lawsuit can be filed, but waiting too long can prevent you from being able to take legal action against the breaching party.
Consider Alternative Dispute Resolution. After a contract has been breached, the parties involved may want to consider using Alternative Dispute Resolution (ADR) as a tool to settle a contract dispute. With ADR, anyone involved in the contract often share the cost of hiring a neutral mediator. This person will assist all of you to work out a mutually agreeable outcome. The ADR process includes an evaluation by a neutral third-party who isn’t a lawyer. It also includes a negotiation and mediation.^[23]
- Arbitration is another form of ADR. It allows you to take care of the problem without going to court. Arbitration is a good idea in complex cases or when damages are difficult to calculate.^[24]^[25]

EditWarnings

This article is for informational purposes only and not for the purpose of providing legal advice. You should consult with a licensed attorney before taking any action which may affect your legal rights and obligations. If you need additional guidance you may contact a lawyer through your State Bar Association.

EditRelated wikiHows

EditSources and Citations

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