Questions tagged [breach-of-contract]
For questions regarding breaches (violations) of contracts.
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resolution vs settlement
This is a provision in CONTRACT FOR THE
INTERNATIONAL COMMERCIAL
SALE OF GOODS
Effects of avoidance in general
12.1 Avoidance of this contract releases both parties from their obligation to
effect ...
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Cancellation vs Avoidance of a contract
Hey I was reading a International Commercial Sale of Goods Contract and I saw this provision:
Effects of avoidance in general
12.1 Avoidance of this contract releases both parties from their ...
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If a restaurant is booked and upon arrival it is communicated that the kitchen is closed, are potential damages entitled to be claimed?
It's a hypothetical question:
Let's say you booked a table via an online reservation system (from the restaurant's website) for a romantic dinner with your partner from 7:30-9 PM. The online ...
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Are social media TOS invalid because lack of due process and mutuality creates an unenforceable illusory contract?
Generally speaking, the TOS of social media platforms share certain common features.
They do not give the user the right to any "due process." If the platform wishes to cancel, block or ...
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What legal remedies are available for the non-performance of contractual obligations that cannot be appraised?
What remedies are available to tenant A for the landlord B's breach of contract in not providing a copy of their privacy notice, nor making it available on their website, as the contract required, ...
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Can video game fonts (or other least protectable content) be recreated without breaching a contract?
For instance Valve has a policy that recreating fonts/typefaces from their games (that are not protected by copyright) is a breach of the Steam Subscriber Agreement (SSA). But as far as I know the SSA ...
user48480
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How can you sue someone if all you have is a name and email?
If a contract is breached, the victim should be able to sue the party/person who breached it. But what if all they know about the other person is his/her name (potentially fake even) and maybe an ...
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Are customer dissatisfaction and loss of trust enough reasons to terminate a relationship without obligations?
A Buyer signed an instalment agreement. The Seller prematurely terminated the agreement due to their own negligence.
The Seller offered the Buyer another instalment agreement however, the terms are ...
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How to answer this California bar-exam question? [closed]
The July 2022 Bar Exam of California includes the following as the fact pattern of Question 1
"Bath Stuff (Bath), a retailer located in Betaville, sent Neat Scents (Scents), an importer located ...
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Can an Employer Enforce Arbitration After the Expiration of a Contract in NJ?
Suppose an employer hires an employee for exactly one year and terminates the employee after the year is over. During the year the contract was in effect, their relationship was governed by an ...
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Can a Housesitter allow a bailiff entry to a property?
This question fairly closely relates to the below linked question, but does differ in it’s question.
Legal standing as a house-sitter during a bailiff visit
Suppose a high court writ has been received ...
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Is it illegal to sign a contract deliberately under a made-up name?
First off, the name will be completely made up, maybe using a random name generator, so this shouldn't be impersonation. What would happen if the person breaks the contract, or that everything went ...
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I've left the United States, what happens if I don't pay rent?
I'm not a US citizen.
I have a rental contract for a shared student accommodation (en suite room).
Due to unforeseen personal circumstances, I had to leave the US.
Of course, I understand that I am ...
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Is a 2-year lease renewal agreement agreed to via text but without a signed extension contract legally binding in California?
I renewed a 2-year lease agreement under existing terms as requested by my tenant via text. Unfortunately, I did not email the renewal extension and the tenant is now vacating the apartment early. ...
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Enforceability of service contract liability amid consumer relocation
Meet Alice. She joined a gym on a 12 month contract. She moves out of the area or country and while requiring evidence of a permanent move such as a lease agreement in the new locale or employment ...
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Can inadequate performances of a contractual obligation fixed in time be repeated?
Meet Bob. Bob purchased a return train ticket to travel from Bristol to Reading by a train at 15:22 on Friday 23/09/22, and to return a week later, for £105.
Bob arrived at the station platform at 15:...
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Handling of pay in lieu and breach of employment contract
I'm in need of some guidance about my employer breaking my employment contract and withholding pay. It's quite a complicated situation so I'll try keep it as simple as possible with a timescale.
22nd ...
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If one stays in an AirBnB for which subletting is not allowed, is it your problem?
This question is based on this consumer affairs problem on the Guardian site, but the details are not explicit so I shall present a hypothetical:
Alice owns a house
Bob lets the house from Alice, ...
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If a European bank keeps debiting illegal account management charges, is there a way to block debits or even enforce a SEPA direct debit charge back?
If the European bank at which you have an account keeps debiting illegal account management charges from said account (e.g. an arbitrary 300% of the amount contractually agreed) and doesn't react to ...
user45777
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To follow through on a breach of NDA, do you have to publically confirm the information you don't want disclosed?
Basically, NDA's seem completely broken to me. The impetus for my question is: some woman accused Elon Musk of very inappropriate conduct, and alleged that they settled, with her being put under NDA. ...
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Is what Lowe's Home Improvement online does legal? Can stores list items as in inventory when they are already sold to be installed? [duplicate]
I bought a dishwasher on Lowe's Home Improvement website. The site said it would be available for pickup the next day at my local store. I get a confirmation email for my order in a few minutes and a ...
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Has a smart contract ever been enforced by a court?
Is there any precedent for a so-called "smart contract" ever being enforced in a court of law anywhere in the world?
Edit
As per @David Siegel, this is not a duplicate with this question:
...
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Can Russia be sued over breaking gas contracts?
During the 2022 Russian invasion of Ukraine, Russia has unilaterally demanded that "unfriendly countries" pay for Russian natural gas in Russian rubles, despite the existing contracts ...
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Unreasonable Time After ETA [duplicate]
Ordered a sofa set from a furniture store with an ETA of March 25th. The contract I signed said that ETA are just that, just estimates. It is not beginning of May and the store has not provided an ...
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Strictly speaking, are damages an essential element of breach of contract?
Several resources, including one from an attorney in California and another from an attorney in Arizona state that harm or damages to the non-breaching party is an essential element of a breach of ...
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Contracting a builder 2nd time to fix their own negligence
Bob contracts Rob, a builder, to do some building work which requires the use of some heavy rare-to-find machinery which Rob owns.
Rob mostly does a good job, but in one place he rushes it (end of ...
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Is injunctive relief/money compensation guaranteed when a non-breaching party sues the breacher for violating any non-disclosure agreement?
If a Non-disclosure agreement is silent on whether injunctive relief or money compensation is agreed as a result of breach of agreement, are injunctive relief and money compensation still applicable ...
user38388
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Why is breach of code of conduct applicable for a morally and legally different culture?
Let's say there is a guy named Samuel, who is 20 years old from Germany sexting with a girl named Mary, who is 16 years old and also from Germany. Sexting was mutually agreed upon. Samuel sends her a ...
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How do you write a contract that anyone can sue on?
Privity is a key principle in contract law. Those who are parties to the contract can sue on it. Those who aren't, cannot.
Even in contracts where a huge number of people can sue, it's usually because ...
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Am I breaking the non-compete clause of my job contract?
Suppose that a person W is about to start an internship at a company C soon, W just signed the contract. one of the clauses reads:
During the term of this contract, the Employee must not carry out ...
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Penalty for not giving sufficient notice of termination
Suppose someone in the United States has signed a contract promising to give his employer a certain amount of notice (say, one month) before terminating his employment. If the employee decides to ...
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Can I be taken to small claims court?
I ordered something on Ebay, paid for it and received it within a week. A week later I received the exact same item from a completely different vendor than the one I ordered it from. Trying to be ...
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Does Amazon prohibit a family of adults from sharing a single Amazon account?
In Amazon's Conditions of Use, the section "License and Access" says the following:
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any ...
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Has anyone ever gone to arbitration against Airbnb for not following their own TOS? [closed]
I feel Airbnb has violated their own TOS with their long term cancelation policy posted in another section of their site. Because this section changes frequently, I use their TOS as the legally ...
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Is a contract null and void if one party acts outside of the terms? [closed]
I am based in the United Kingdom. Acting as a business, I have negotiated a contract with a service supplier (waste management).
The initial instruction was to have apparatus delivered by the supplier ...
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Are there any "implied" conditions in commercial transactions?
Let's say that you go to a car dealer, select a car, and sign a contract with a down payment and monthly installment payments. Under ordinary circumstances, you would sign a check for the down payment,...
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Am I still considered to have entered into a contract if I don't receive the other party's acceptance?
I sent a purchase order via email to a company to supply and invoice for around £200 worth of equipment on behalf of the organisation I volunteer for.
I did not get a response after a few days, so ...
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Jurisdiction of file a complaint of a party who fraudulantly denies the contract
The complainant started working for a company as a freelancer, there is no duly signed document but the complainant has the confirmation message in Skype conversation. Also he has all the conversation ...
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Can a contract "Implied in Fact" supersede a written contract?
A written contract states a given requirement for a service to be provided. But, in practice we ignore that requirement consistently and provide the service anyway. This goes on for many iterations, ...
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Are credit card issuers required to maintain statement receipt records?
Under Appendix E of 12 C.F.R. § 1022.42(b), the policies and procedures of a furnisher of information to credit reporting agencies (e.g. a credit card issuer) must be reasonably designed to ensure ...
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Does a landlord have an obligation to enforce its noise rules?
Does a landlord have an obligation to tenants to enforce the rules in an apartment lease regarding noise complaints against another tenant, including following through with their "violations of ...
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Conflicting Terms after Post-Merger of Companies
Company A has a contract to produce widgets for the State for $5 per widget. The State also has a contract with Company B to produce the same widgets for $4.50 per widget. Company A acquires Company B....
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Notice of Termination of your supplier agreement - Breach of contract - 7 days notice
Bob joint a food deliver service and enter into a supplier agreement with the company.
The application process took over 2 years to be fully processed and activated so bob could start to work.
Even ...
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Can I be taken to court over a favour?
So, basically I used to work at an automotive parts dealer and I bought a car from the owner of the store.
The car developed a gearbox issue before my ownership due to a mistake on the mechanics' part....
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Is a settlement agreement enforceable if it has only MONTH and DAY (but no YEAR) for the down-payment due date?
Let's say there is a settlement agreement states that Party A (Plaintiff) will agree to settle the debt if Party B (Defendant) makes down payment by a certain MONTH and DAY--with the rest of the debt ...
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Appliance store sold our custom order to someone else when it arrived in inventory that we had paid for
We bought and paid for custom appliances (5 items) that took about 2 months to get them in. We were told everything was in inventory and when did we want them delivered. We had to wait a couple weeks ...
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What happens if an AirBnB contract violates the overall Terms of Service?
I've identified an unusual listing on AirBnB:
https://www.airbnb.com/rooms/50901269?source_impression_id=p3_1627314727_DprmH0dh%2BrK58ACR
Under the section "House rules" is the following ...
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Can such a stringent conditions be expected of a backend developer in a contract agreement? [closed]
I got this contractor agreement from a company. Do you think it is proportional legally?
Representations, Warranties, and Covenants. Consultant represents, warrants, and covenants to Company that: (i)...
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What are the legal protections to buy if seller refunds instead of delivering what was purchased, which causes monetary losses?
I purchased a laptop from a manufacturer from their own website brand new. I bought the laptop because this is the only laptop which contains the feature that I require for my needs. There is no other ...
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Can a landlord remove an amenity that was included in original lease agreement?
I am currently renting a room in a 2 bedroom house. The landlord has stated she will be discontinuing internet service in July for the tenants. In the lease agreement, the water, electric, sewer, ...
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