Questions tagged [breach-of-contract]

For questions regarding breaches (violations) of contracts.

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1answer
72 views

Can I sue a company that fired me in violation of a contract, and caused emotional distress and damage to my career?

I work as a consultant in a specialized field. I was working for a big company, a leader in the industry, but due to internal conflicts, pretty much all the consultants resigned and went to a ...
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1answer
49 views

Is it legal to work more than more than 48 hours in EU with multiple jobs if one is a freelance job?

I am working full-time as an International research assistant (in a University Library) in Germany. A startup (based in London) asked me to work with them as a research consultant (a kind of ...
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1answer
67 views

Examples of Employer breaching employee contract

I just read my contract, it states a lot of how can I, as an employee breach a contract like, sudden resignation within an specific amount of years or applying to work on competitor company within 12 ...
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2answers
780 views

Can I argue in a court that initial conditions which were agreed, are broken? (by a Country)

Have a look at this hypothetical case: Assume that I apply for Irish Immigrant Investor Program. See page number 15, where in bold font, it is mentioned: The Immigrant Investor Programme recognises ...
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2answers
139 views

Can a shipping company offer a parcel delivery that does not include at least one attempt to deliver?

Suppose you order some item online and then you pay a shipping company to deliver the item to your home address. What exactly is the shipping company contractually obligated to do? In spite of how ...
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25 views

A clause in my employment contract is impossible to fulfill due to covid 19. Does this render the other bindings invalid? [duplicate]

Without revealing exactly what clause in my employment contract is now impossible to fulfill, does anyone know what kind of implication it has on the rest of my contract? Is my entire contract null ...
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3answers
93 views

Can a NDA define that, any information disclosed is incorrect and invalid?

Can a non-disclosure agreement specify that, after signing, any information disclosed or will be disclosed to any third party without permission is invalid, incorrect, and not factual, and this ...
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1answer
39 views

publisher/author contract [duplicate]

If someone has a book published with a certain publisher and there is a contract signed. Then publisher goes belly up and is now nonexistent. What becomes of the contract between the author and ...
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2answers
70 views

Creating a contract that will prevent you from amending it

So the question is, can you create a contract that will prevent you and other persons involved in from amending it? Let's assume that two parties agree on
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1answer
83 views

What if I use a false signature on a contract?

Suppose I sign a contract with a company to buy some amount of good in bulk but while signing I faked it, they wouldn't have a way to know if it's my actual signature and if I breach my contract I ...
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3answers
123 views

Do I have to break quarantine to return a leased router during a COVID-19 lockdown?

Before Covid, I was working in Chennai, India. I had a broadband internet connection and used a router provided by my ISP. Due to the lockdown, I had to move to my parents home in West Bengal, India (~...
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2answers
99 views

Can a company be held to an agreement it signed before it was incorporated?

Company X, Inc. or an entity purporting to be Company X, Inc. signed an agreement, A, with Company Y on the tenth of the month. On the fifteenth of the month, Company X filed for, and received ...
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2answers
70 views

Employer listed incorrect end date in contract

I'm working as an independent contractor and the agreement I signed says my start date is May 12th 2020 and my end date is July 10th 2020. I'm required to work 200 hours for the company between these ...
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1answer
126 views

I gave my landlord my a N9 form to end a 1 year lease due to allergies and she is refusing to accept it. Is that illegal do I have recourse with LTB?

I have a one year lease, I've only lived in the unit for 2 months. My landlord has lied to me multiple times by making verbal agreements then going back on them. Her lies included other tenants and ...
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1answer
42 views

Remedy for breach of contract with a “No Assignment” clause

It is common for written contracts between entities to contain a "No Assignment" clause, which essentially states that, for a contract between entities A and B, the benefits or rights under ...
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1answer
51 views

Dealership does not want to give me the loan contract agreement and maintenance package detail signed?

I purchased my car on April 17,2020, after signing paperwork and waiting 2 hours for the car to be ready to go, I expected my contract agreement and my maintenance package details to be printed and ...
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3answers
144 views

One sided i.e. unilateral termination clause in a contract; Does this render contract void / unenforceable?

I am a non-lawyer reading a relatively simple contract draft where everything else seems fine and dandy but the termination clause just says the following: You agree that Company (A) retains the ...
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1answer
97 views

Can I sue for false promise

During the covid pandemic, I requested to work from home due to my kids being out of school. I was told that I would need a laptop In able to work from home. My manager told me that when I got the ...
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2answers
101 views

Examples of Unethical Experimental Studies

I am teaching ethics in a statistics class. I am looking for examples when deceptive statistical evidence was caught or attempted to be used. For example, is there an example of a party who had ...
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2answers
95 views

Was Tiger King guilty for shooting that horse?

Jurisdiction: Oklahoma, U.S. Alleged facts: Alice can no longer afford to keep her old horse and gives it to Joe. In exchange for the horse, Joe promises Alice he will treat it well and give it a ...
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2answers
74 views

Can a sale be voided after payment has been tendered?

Found a car at a dealership, negotiated price, paid dealership for car, they accepted and deposited my funds (part cashiers check, part credit card charge). After I had paid in full they said, "We're ...
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1answer
154 views

What effect does an event like the current Covid-19 pandemic have on contractural obligations?

Across the world, the current pandemic, and various government responses to it will impact on parties abilities to perform their obligations under a contract. What are the legal implications of this?...
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2answers
128 views

Can pest service provider cancel contract without reason and keep payment in excess of $1000?

The issue is two fold, I overpaid this pest control company by mistake (4 years worth), the first phone call, they said it shouldn't be a problem but no one called back. I called 7 times before ...
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1answer
112 views

Can I sue breaching party if I got lucky and avoided damage?

My ex-landlord stole some of my furniture. In a settlement he agreed to return it. When I went to pick it up it was not there. A friend of mine let me borrow their truck for free (they came too). Can ...
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2answers
153 views

Can a coder from Pakistan steal my code and sell it worldwide?

Say I hire a team from Pakistan to help me develop a SaaS Product. Can any legal measures protect me if the team decides to steal the product, publish it in the cloud and start generating money from ...
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2answers
55 views

Breaching and unconditional agreement

An agreement is drafted between 2 parties to sell a small business. The agreement is unconditional. The agreement requires the vendor provide a breakdown of prepaid amounts on settlement by a given ...
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2answers
34 views

Handling immeasurable / abstract concepts in a contract

Professional negligence is somewhat related in the sense that it's generally recognizable in extremes, but is overall too abstract to define with much granularity. You can't measure it to tiny units. ...
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2answers
77 views

Resolution of intractable disagreements between shared car owners

The jurisdiction is the State of Maryland in the USA, should that fact be of interest. A friend of mine is involved in intractable dispute with the co-owner of a car. I'll call my friend Abe, and the ...
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1answer
48 views

What standing does the delegatee have?

I'm working on understanding some topics from contract law -- specifically about delegation (a type of contract assignment). Let's say the client bought a kit to build something and then realized he ...
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1answer
89 views

What is the legality of an lawsuit filed against a foreign national in California

There was an NDA signed between an Individual Residing in India (Entity A) and Company based in San Jose, California (Entity B). Due to perceived breach of confidentiality agreement a cease and desist ...
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1answer
126 views

Prevented from listing details of work experience both in private (resume, interviews) and public (linkedin, etc.) while trying to look for new job

When starting new employment for a company (Company A) based in India it had asked me to sign an NDA for a company (Company B) based in San Jose, USA. The NDA had addressed to me directly and not ...
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3answers
95 views

Why do large companies make legal battles public?

It would seem big companies try to keep litigation private and confidential. I guess this is so they can save face and it would like bad for business regardless of the outcome of the court may be. Is ...
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2answers
161 views

Contractor Did Not List His Legal Business Name On Contract. Is The Contract Enforceable?

Hopefully someone here can shed some light on this matter for me. Long story short, I entered into a contract with a general contractor for the construction of my new home. I have been moved into ...
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1answer
101 views

Do I have a case to challenge a private medical invoice that wasn't covered by insurance?

I had private medical insurance as part of my employer, I rang up in October for an appointment and one was "authorised" for January. I then left my job in December and still attended in January. (I ...
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2answers
498 views

Curious case of real-estate transaction with predatory tenants

This question is looking for some ideas and some underwater rocks that haven't been though of yet. The context: Jurisdiction: Nova Scotia, Canada A buyer and a seller has entered into an sale ...
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1answer
54 views

Legal Action regarding the position that you agreed in contract is not the same with your current position

When I signed the contract to my employer, it’s indicated that the position I applied for is just a software developer/analyst but I found out that they Introduced me as a Team Lead already that’s why ...
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3answers
244 views

My former employer is threatening to sue me

I live in Kampala, Uganda and for the past eight months, I was doing software development for a local company since late February this year. Last month I resigned from my position and my employer ...
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1answer
69 views

What is a court order? How is it different than a settlement?

I had brought a case against my ex-landlord. One of the claims was he wouldn't return some property of mine. In the settlement agreement, he said he would make available for pickup my property. He did ...
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2answers
165 views

INTERROG/REQ FOR PROD

I been sued for small claim court. small claim court has dismissed the case already but plaintiff went to circuit court (appeal). I received a "INTERROG/REQ FOR PROD" from plaintiff (Under Tennessee ...
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3answers
172 views

If party doesn't do what's agreed in settlement, can you sue again or is enforcement the only option?

I filed a dispute with the Civil Resolution Tribunal (CRT). A settlement was reached. Two terms of the settlement were the defendant will make available my property for me to pickup parties agree ...
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1answer
103 views

Missed to reply notice

Somebody sued me for breach of contract. The case is in circuit court. The judge gave a trial date. However, plaintiff sent me an updated complaint copy after that. I thought it's just an update. I ...
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1answer
274 views

Wag! Terms of Service

Wag! is an app for dog sitting services. According to their terms, once you get acquainted with a pet care provider through Wag! platform, you cannot obtain for life pet care services from the dog ...
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1answer
55 views

Do verbal goodwill waiver stand in court?

I'd like to put in scenario. Party A enters into a monthly payment contract with Party B. Party A pays monthly the ammount. One day, Party A is unable to pay the monthly installments. Party B says it'...
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1answer
101 views

What happens if parties do not honour a settlement agreement?

Say a settlement agreement was reached where a shopper sued a grocery store over food that gave her food poisoning. If the terms of the settlement agreement were grocery store shall pay shopper $100 ...
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1answer
67 views

Florida Self Storage Default

As I understand it, a payment default triggers a process in which the storage facility locks the unit and auctions the storage unit contents. Is there any mechanism that: prevents the defaulter ...
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1answer
119 views

Confidentiality clause in a contract (Netherlands/EU)

I have a contract signed at Oct 2016 and valid for one year. It has the following lines: OBJECTIVE OF THE AGREEMENT This contract is valid for one year. Also, it has confidentiality clause: ...
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1answer
312 views

Company not paying promised referral bonus

The company I work at offers a referral bonus for employees introduced and hired for 3 months. It’s about $3,000 I’ve referred a total of 6 people who all got hired. I’ve received payment for 4. But ...
2
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1answer
71 views

What options are available to plaintiff if defendant breaks NDA and goes ahead with deal on their own?

I work on acquisitions/sales of companies. I showed ABC Co. ownership a potential acquisition (XYZ Co.) that they passed on. A few months later, ABC Co. themselves was for sale. ABC's private equity ...
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4answers
5k views

What are my options legally if NYC company is not paying salary?

UPDATE: I was just let go today, May 8. After being let go, 2-3 hours later I was asked to sign a general release. Obviously I declined. I told them I cannot sign a general release as I have a claim ...
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2answers
104 views

Contract with lack of complete by date?

I had a medium-sized job contractor (< $10k) verbally agree to a complete-by-date of 2-3 days from the day he came out with a quote. The contract he sent lacked any sort of "complete by" date, or ...