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Questions tagged [breach-of-contract]

For questions regarding breaches (violations) of contracts.

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Real estate verbal acceptance

In real estate, if a seller says, he will accept an offer before signing it and multiple offers come in after, Can he accept a different offer?
Kimberley Sewell's user avatar
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1 answer
82 views

What constitutes "fault of the buyer"? [closed]

I have a contract to sell my house that is contingent on the buyer selling their home. A common enough occurrence. If Buyer does not close on the sale of Buyer’s property, through no fault of Buyer, ...
Elros's user avatar
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20 votes
2 answers
39k views

If I give my daughter $50k for her wedding and she elects to use the money to pay down a house, can I sue her?

Inspired by the following Reddit post. My parents gave each of my brothers $50,000 when they graduated from university as a downpayment on their home. When I graduated they did not do the same for me....
Allure's user avatar
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1 answer
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Conflicting clause in contract

I've checked similar questions, but I feel this one is a somewhat different. Suppose someone signed a contract saying "you must not do A, but you must do B", and some time later it turned ...
kormel's user avatar
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1 vote
1 answer
71 views

Seller Financing a Car and repos

Let's say someone wants to sell a car to an individual via seller financing.. The individual puts down 1,000$ and finances the other $3,000.. and agrees on monthly payments of 200$ the seller becomes ...
user55665484375's user avatar
0 votes
3 answers
159 views

Do you need to inform the other party that he is in breach?

When someone breaches agreements or breaches contracts resulting in severe (or not) compensation, are you required to immediately notify him (who represents an organization?) that he is in breach? Or ...
Pacerier's user avatar
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1 vote
1 answer
111 views

Consequential damages for copyright infringement?

Many software license agreements (or even terms of sale for physical copies) include prohibitions on reverse engineering as a condition. If I legitimately purchase and install and use the software, I ...
interfect's user avatar
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3 votes
1 answer
87 views

Discount code as a contract breach remedy?

Bob is a customer of Acme ltd., an online service provider (e.g. domain names, hosting etc.). It's time for Bob to renew some of Acme's services he is using, so he logs in to his account and sees this ...
Greendrake's user avatar
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2 questions about Xbox TOU and Microsoft Service Agreement

Microsoft Services Agreement disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the ...
Nguyen Tran's user avatar
0 votes
2 answers
73 views

How are intangible losses assessed for damages?

Bob has an issue with his phone provider, resulting in the permanent and irreversible loss of his long time phone number which he has maintained for many years. He is greatly troubled and ...
TylerDurden's user avatar
1 vote
2 answers
171 views

Is there an overlap between breach of contract and negligence?

It seems that negligence requires among other elements the presence of a duty of care, while breach of contract is a different type/cause of action, and yet it would also seem by common sense to ...
TylerDurden's user avatar
13 votes
1 answer
2k views

What award can an unpaid independent contractor expect? What are the legal incentives to pay contractors?

I (Washington State, USA) worked, under contract, for an LLC (Los Angeles, California, USA) and never received payment. I was considered an independent contractor; contract specifies Californian ...
user2206636's user avatar
-2 votes
1 answer
34 views

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 ...
Hai Duong's user avatar
3 votes
2 answers
179 views

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 ...
Hai Duong's user avatar
0 votes
2 answers
329 views

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 ...
Michel Gokan Khan's user avatar
-4 votes
3 answers
151 views

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 ...
Alexanne Senger's user avatar
-1 votes
1 answer
85 views

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, ...
TylerDurden's user avatar
-2 votes
1 answer
170 views

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 ...
user avatar
1 vote
1 answer
379 views

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 ...
No Name's user avatar
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0 votes
1 answer
103 views

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 ...
Gloriosa's user avatar
-2 votes
2 answers
247 views

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 ...
Raiden Snaker's user avatar
1 vote
3 answers
110 views

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 ...
S.O.S's user avatar
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1 vote
1 answer
104 views

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 ...
simonthumper's user avatar
0 votes
3 answers
4k views

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 ...
No Name's user avatar
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12 votes
1 answer
7k views

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 ...
John Smith's user avatar
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1 answer
394 views

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. ...
Adeline's user avatar
1 vote
1 answer
60 views

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 ...
JosephCorrectEnglishPronouns's user avatar
-1 votes
2 answers
97 views

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:...
JosephCorrectEnglishPronouns's user avatar
0 votes
0 answers
43 views

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 ...
scriptss's user avatar
2 votes
2 answers
239 views

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, ...
User65535's user avatar
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-1 votes
1 answer
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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 ...
user avatar
1 vote
1 answer
85 views

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. ...
chausies's user avatar
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0 votes
0 answers
58 views

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 ...
mr coffeeee's user avatar
3 votes
1 answer
194 views

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: ...
Alexanne Senger's user avatar
14 votes
3 answers
5k views

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 ...
user102008's user avatar
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2 votes
2 answers
86 views

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 ...
Daniel's user avatar
  • 23
8 votes
3 answers
1k views

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 ...
Robert Columbia's user avatar
0 votes
2 answers
75 views

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 ...
Greendrake's user avatar
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1 vote
1 answer
73 views

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 ...
user avatar
2 votes
1 answer
123 views

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 ...
SevenEves's user avatar
8 votes
2 answers
1k views

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 ...
Stilez's user avatar
  • 3,189
2 votes
1 answer
160 views

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 ...
belen's user avatar
  • 23
0 votes
1 answer
101 views

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 ...
Daniel Walker's user avatar
0 votes
1 answer
142 views

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 ...
ewil1478's user avatar
2 votes
3 answers
668 views

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 ...
The Editor's user avatar
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1 vote
1 answer
161 views

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 ...
Louis's user avatar
  • 11
-1 votes
1 answer
101 views

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 ...
Vacant's user avatar
  • 101
1 vote
1 answer
106 views

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,...
Libra's user avatar
  • 6,498
6 votes
2 answers
2k views

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 ...
Darren's user avatar
  • 719
2 votes
1 answer
113 views

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 ...
B.Balamanigandan's user avatar