Questions tagged [breach-of-contract]
The breach-of-contract tag has no usage guidance.
-3
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1answer
71 views
Can I sue a client for the 'delta' in price if I accepted his (insulting) offer?
I have a client who refuse to respect one of the clauses in our contract and offer an alternative for much less.
Short version: client must provide me a suite in his hotel that costs $10K for a night ...
-2
votes
4answers
98 views
Refuse maintenance contract under explicit clause [closed]
When I left my previous company and under some pressure, I end up with a signed maintenance contract.
I have requested a specific clause where the company needs to inform me before a specific ...
11
votes
4answers
4k views
Is there a rule of thumb for determining the amount one should accept for a settlement offer in the U.S.?
For this question let's use the amount of $200,000 owed to the plaintiff by the defendant in a breach of contract dispute. Is there a rule of thumb for calculating how much you should accept in a ...
4
votes
1answer
93 views
If an AirBnB host doesn't disclose that it's not allowed, in which countries does a landlord have direct recourse against the *guest*?
So this question stems from an article on cbc, describing how it can happen that an AirBnB host rents an apartment in a block where short term rentals are forbidden. The article states that in some ...
2
votes
1answer
56 views
Is it considered breach of contract or advertising laws if a developer markets their game as releasing on digital store A, but then chooses store B?
Recently, there's a lot of commotion in the PC gaming market over the Epic Game Store, a new digital-only PC games store and platform which is trying to break into the market. A lot of PC gamers are ...
2
votes
2answers
69 views
Intentionally Breaching a Contract
Hypothetical Scenario:
Suppose I'm a landlord in a contract with a tenant, and I may only inspect the premises if it has been three months since the last inspection.
Let's also suppose however that ...
0
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1answer
45 views
Accidentally writing self in beneficiary signature
My father-in-law who recently died accidentally wrote himself as the beneficiary for some investments many years ago. Now the company will not give his wife the money even though The Will says she is ...
1
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2answers
55 views
E-signing: legal ramifications of “identifying” a person
On several occasions I've found myself e-signing documents* (one such instance was consenting to a background check for a rental agreement). The companies that offer these services use questions to ...
4
votes
1answer
71 views
How likely am I to receive compensation? (UK)
I recently bought my first property which is meant to be an exciting time until I realised the property has a broken boiler meaning I have no hot water or central heating. Now prior to exchange of ...
0
votes
1answer
45 views
Can a month be considered four weeks of work in employment case
If I worked for a month I am entitled to 7 days pay in lieu of notice.
I worked from 10 Dec 2018 to 4 Jan 2019 four weeks.
Is there a case law example where four weeks is considered a month?
2
votes
1answer
46 views
Can a former employer (U.S.) use/withhold owed commissions as leverage?
I am in "negotiations" with a former employer. There are written (text message: "You will be paid on X and Y when/if they close) agreements in place for 2 of my deals. One just closed, the other in-...
0
votes
0answers
26 views
With NO written contract or non-compete in place, how does the law (NY, NJ, FL, CA) view contacting former clients?
Is there any kind of generalized legal rule of thumb in reference to contacting former prospects/clients/colleagues once you've left/been terminated, etc.? With no written contract or non-compete in ...
1
vote
2answers
102 views
Can a design freelancer be sued for “potential earnings lost” by a client?
I am a freelance graphic designer working part time
We didn’t have a signed contract for any work (my mistake- I only work through friends and family referrals part time).
I was making a new ...
1
vote
1answer
24 views
Book Publishing and Republishing
I had a two-year contract with a publisher that has since expired (expired Jan 2015).
The contract granted the following rights (excerpted):
[[ WHEREAS the Author is the sole composer and copyright ...
0
votes
2answers
227 views
Are text message agreements legally binding in CA small claims court?
My parents sold their house but they breached a part of the contract. As a result, the other party sued my parents in California small claims court. The court date is in 2 weeks.
We've contacted the ...
0
votes
1answer
101 views
Can seller of property impose conditions on how it is used by the new owner?
When I sell a domestic animal, can I impose a condition that the animal is kept as a pet and never killed for meat? If the new owner breaches this condition, will I be able to hold them to account?
...
1
vote
1answer
50 views
if all customers always violate a contract, is enforcement legally impossible?
Hypothetical case for U.S. law (close to reality but simplified here):
A company offers advertising. Customers may get paid by publishing the advertising. The customers presumably want to do this in ...
0
votes
2answers
115 views
My attorney dropped me without reason
My attorney dropped me without notification via letter and then filed a withdraw for a worker's comp case. He claims it is irreconcilable differences but I barely talked to him about my case. Actually ...
0
votes
2answers
61 views
Plumbing Payment Reduction
In the New Mexico, US do you have to pay someone for work if after completion you do not feel the work is worth the original amount agreed upon. For example a plumber who gives you a quote, finishes ...
0
votes
2answers
115 views
Can one turn down a settlement offer if it's for more than the amount being claimed?
Suppose Joe is suing Acme Corp for $1000 over damages to his property.
After some time, Acme Corp offers a settlement to Joe for $1500, on condition he signs a non-disclosure agreement.
Is Joe ...
1
vote
2answers
98 views
Is this email agreement a contract and if so, does breach of contract mean we can end it?
Suppose:
We received the following email proposal for a new leased line:
Please find quote below for leased line Ethernet fibre:
10/100 fibre Ethernet Direct Internet Access (DIA) circuit. ...
4
votes
1answer
44 views
If the Residential Tenancy Act does not apply, what does?
In BC, the RTA stipulates laws regarding rental homes. However, it does not apply under certain circumstances, such as when the tenant shares the kitchen or bathroom with a home owner. My question is, ...
0
votes
1answer
63 views
Can an employee take an employer to court over false promises and breach of contract?
What if something like this happened:
An employer IN WRITING stated that an employee would begin receiving compensation on my start date.
That did not happen. Time after time, the employer would ...
0
votes
1answer
32 views
S75 Liability of creditor for breaches by supplier in the Consumer Credit Act 1974 (UK)
I had a verbal contract with a contractor and part of the payment for that contract was a credit card payment of £2k in a £10K contract. Payment by credit card as made halfway during thye prosecution ...
4
votes
1answer
75 views
Can I fight a charge from forgetting to cancel a subscription?
I just got charged a substantial fee for renewing some domains that are years old, (old enough that my card on file had expired, so I don't know how they even managed to charge it) that I had ...
0
votes
1answer
49 views
Summary Judgment Motion
BACKGROUND
An HOA has failed to follow its bylaws (breach of contract), which has been documented in a thorough email trail to provide the facts and demonstrating communicating the bylaws to the HOA ...
1
vote
1answer
68 views
London: actions to take against a landlord who breached the law on many occasions
I have been living in London for several years now and experienced issues with one of my last landlords (professional one). I'm looking for your legal advice on what actions to take.
To give you a ...
1
vote
1answer
37 views
Bias in evaluating Breach of Contract
I am naturally biased in the sense that when I believe a family member has been cheated in a contract, I need to 'check' myself to ensure that I have not overlooked anything: especially if I am to ...
-1
votes
1answer
124 views
What if a lawyer steals my idea and doesn't do the work?
I'm working on a tech startup that involves a specific industry.
Because the industry is regulated, I decided to get a lawyer to sign off on my system and tell me whether I would need to change ...
1
vote
2answers
117 views
Contractor bailed after getting paid in full
I live in South NJ.
I have a 25k contract with a building contractor.
However, they bailed once they got paid in full from the financial company.
Before I knew that they were playing games they kept ...
0
votes
1answer
63 views
Are non-guaranteed delivery service contacts legal? [EU]
I had a parcel shipped with a company (not courier itself). Delivery took over 10 days instead of 2 days. During the order below message was displayed.
Parcel delivery within 2 working days ...
3
votes
1answer
89 views
How can auto sale contract be breached
Customer goes to a dealership in Texas to buy a used car. Car is test driven and customer likes it.
Customer makes agreement to buy the car, and they settle on a price. Customer signs a deal with a ...
0
votes
0answers
50 views
Can addressee of lost in post item break the privity of contract between sender and post?
Alice, living in country A, sold an item to Bob, living in country B. She sent the item using A Post, tracked but with no insurance (the sale contract obliged her to ship the item, not deliver).
The ...
0
votes
0answers
38 views
Letting agency UK - possible breach of contract
I own a property in the UK which I am renting out. I signed a contract with the agency that clearly states that the fees are 10% inclusive of VAT.
The agency has been charging me 10% + VAT (...
0
votes
0answers
11 views
How late with a term payment constitutes a default?
Suppose two parties settle their dispute by entering into a terms agreement, whereby A pays B $100K in 50 monthly instalments of $2K on a particular day of the month (not after 28th day to avoid short ...
2
votes
2answers
156 views
Can a person be held responsible for a breach of contract by another person?
I once worked as a contractor for a certain company. That company required me to sign an agreement that contained the following:
5.2. Protection of Confidential Information. Contractor ...
0
votes
2answers
425 views
Teaching offer rescinded by principal - any recourse?
My sister recently applied for a teaching job at a public school (in Texas), and went through the interview process. She was verbally informed by the principal that she had been selected for the ...
38
votes
3answers
9k views
Is it breach of contract if dismissed before starting work?
I've been dismissed by a company I was due to start a job with, just a few days before the job was meant to start. They have no intention of providing me with any compensation despite the fact I ...
0
votes
2answers
77 views
Damages for repudiation of contract before the work was commenced
Bob wants to build a greenhouse and a garage on his land. He contracts Matt to build the greenhouse only as Matt does not specialize in building garages. They agree that Matt starts the job in 3 weeks....
7
votes
2answers
169 views
Landlord's LLC filed for bankruptcy, is that a breach of contract?
My landlord owns and maintains the property I'm leasing though an LLC. The lease documents are between myself and the LLC.
I was recently sent a letter that says that my landlord's LLC is filing for ...
2
votes
2answers
314 views
SAMSUNG refuses to honor their warranty. How to proceed?
I bought a SAMSUNG flagship Android device from the world's largest retailer (Walmart).
The SAMSUNG device is now failing in multiple ways.
I have repeatedly contacted SAMSUNG, and SAMSUNG refuses ...
0
votes
1answer
78 views
Is “including but not limited to” dangerous?
I am looking for opinions about the phrase, "including but not limited to". Yes, I know that it's commonly used, but is it dangerous to the person signing the contract.
For example, consider "You may ...
1
vote
1answer
38 views
Can a company use pay to control their independent contractors?
I work for a certain transcription company as an independent contractor. The company pays me to produce transcripts of audio recordings the company provides. A pay rate is given for each assignment. ...
2
votes
3answers
222 views
Can my LLC limit my liability of a personally-signed non-compete agreement?
I am employed via W-2 and bound to a non-compete agreement stating that I cannot be paid for work outside of said W-2 employment.
Is it a breach of contract to perform work on behalf of an LLC which ...
1
vote
1answer
200 views
Small claims court jurisdication over international employment agreement?
I am a US citizen originally residing in state S.
I entered into an employment agreement with a company headquartered in country C1 (not the US), with physical offices in another country C2 and US (...
0
votes
1answer
69 views
A borrower signed a promissory note in which he put up an annuity plan and his 401k plan as collateral.
Borrower defaulted and there is strong evidence of promissory fraud. How can the annuity plan account and 401k account best be reached?
-1
votes
1answer
120 views
Can I sue the gas company for not notifying me that gas was shut off at a rental due to tenant not paying?
I have a continuation service agreement with the gas company and they neglected to notify me that they had discontinued the tenants gas service in April of 2017 for nonpayment. They also neglected to ...
4
votes
1answer
816 views
Am I Entitled to a Refund for Services Not Rendered?
I pre-paid for 12 months of a SaaS service. At the time I paid, I was not sent nor emailed a copy of the Terms of Service.
Now 2 months in, this SaaS company was acquired. I have no relationship ...
3
votes
0answers
55 views
Contractor wants to charge when he did not gain access to the property [closed]
I agreed with a plumber to come in for a small job on a short notice. He estimated the work to £135. Unfortunately, when he came in, nobody has let him in, so no work has been done.
Now, he wants to ...
1
vote
0answers
45 views
Labour Law - Minimum notice period to prevent breach of contract scenario
James is hired by company X in South Africa.
The first and second year's he is given a fixed term contract (Period 1 year each).
The third year he is offered permanent employment and remains at ...
