Questions tagged [breach-of-contract]
The breach-of-contract tag has no usage guidance.
99
questions
0
votes
1answer
31 views
Out of contract on house inspection
So I recently got an offered accepted for a house. I was scheduled to have an inspection for last week, but I cancelled it, because my attorney did not get the approval letter back in time. I am in ...
1
vote
3answers
117 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 (~...
2
votes
2answers
79 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 ...
2
votes
2answers
63 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 ...
0
votes
1answer
70 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 ...
0
votes
1answer
24 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 ...
1
vote
1answer
48 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 ...
1
vote
3answers
57 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 ...
1
vote
1answer
89 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 ...
0
votes
2answers
97 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 ...
1
vote
2answers
93 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 ...
-2
votes
2answers
73 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 ...
4
votes
1answer
131 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?...
0
votes
2answers
113 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 ...
0
votes
1answer
110 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 ...
-2
votes
2answers
145 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 ...
0
votes
2answers
51 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 ...
0
votes
2answers
33 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.
...
0
votes
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 ...
1
vote
1answer
47 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 ...
2
votes
1answer
85 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 ...
1
vote
1answer
119 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 ...
0
votes
3answers
94 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 ...
1
vote
2answers
127 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 ...
0
votes
1answer
98 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 ...
4
votes
2answers
493 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 ...
0
votes
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 ...
3
votes
3answers
212 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 ...
0
votes
1answer
62 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 ...
-1
votes
2answers
158 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 ...
2
votes
3answers
167 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 ...
0
votes
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 ...
3
votes
1answer
249 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 ...
2
votes
1answer
49 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'...
0
votes
0answers
36 views
Internet provider breaching a contract
During the beginning of this year, I've upgraded my internet and everything was perfect until May. I started noticing that it wasn't as fast as it used to be and that sometimes internet connection ...
1
vote
1answer
89 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
...
0
votes
1answer
66 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 ...
0
votes
1answer
107 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:
...
1
vote
1answer
212 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 ...
1
vote
1answer
69 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 ...
17
votes
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 ...
1
vote
2answers
74 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 ...
1
vote
1answer
59 views
Can I sign multiple job contracts with different German companies?
I'm from a non-EU country, I have received some Job contracts from Germany.
Is it possible to sign them all, so in any case, I will not be without a contract if I lose one? What is the legality ...
-2
votes
3answers
244 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
134 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
223 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 ...
3
votes
1answer
135 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
87 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
votes
1answer
48 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 ...
