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3
votes
1answer
62 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
29 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
28 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
8 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
94 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
124 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Teaching offer rescinded by principal - any recourse?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 ...
37
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
63 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
159 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
1answer
145 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
47 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
32 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
88 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
94 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
45 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
86 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
456 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
49 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
39 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 ...
3
votes
1answer
138 views

Can I take legal action in Colorado against a car dealership that has yet to deliver owed items to me?

I ordered a vehicle from a dealership in July of 2017. The vehicle was delivered to me approximately six weeks later and did not match the build I had requested. Investigation with the dealership ...
1
vote
1answer
40 views

Is there recourse for damages due to merchant reselling item after taking payment but before delivery?

We purchased a door at Home Depot. It was a display model, and therefore sold at a significantly reduced price. We also purchased installation service, and therefore left the door at the store so ...
0
votes
2answers
96 views

Does repudiation by one party in a contract allow the other to also repudiate?

Suppose a situation with the following sequence of events. A clause in a contract stipulated obligations on both parties A and B. Party A failed to fulfil the obligation, and despite multiple ...
0
votes
2answers
36 views

Can the broker-agent of a landlord be construed as party to a leasing contract? [NY]

The leasing contract bears the broker's name, under "broker", and not as a signatory. Is there an agency law ground (or some other) to make the contract enforceable against the broker (given no ...
1
vote
1answer
55 views

What to do if a Company terminates your contract before 1 week of joining date?

Working in Malaysia I got a job offer from one of the famous MNCs 1 month ago under another Company's payroll. I got the offer letter and all the documentation is complete. I resigned from my current ...
-1
votes
2answers
101 views

Face prosecution under Spotify’s terms & conditions?

Hypothetical: Suppose that I have an acquaintance who is an artist on Spotify. In an effort to promote said person’s music, I offer to loop their music on my computer ad infinitum in return for a cut ...
1
vote
0answers
83 views

Landlord breach of contract, deposit refund

I have an issue with my previous landlord which I am not sure how to deal with. I am new in the US (in Los Angeles more specifically) and not familiar with legislation. I rented a room over the ...
0
votes
1answer
58 views

Company hasn't paid me in weeks. Retaliation Concerns of contacting labor board?

Apparently my company is not doing well financially, and they could not pay me for quite a bit of time now. I would like to let the labor board know so that I can get paid, but I'm worried that the ...