Questions tagged [breach-of-contract]

For questions regarding breaches (violations) of contracts.

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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. ...
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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 ...
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2 votes
1 answer
126 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: ...
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14 votes
3 answers
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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 ...
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2 votes
2 answers
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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 ...
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3 answers
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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 ...
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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 ...
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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 ...
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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 ...
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7 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 ...
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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 ...
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Does federal law prohibit the disclaiming of written warranties?

This is a follow up question on this question. Without regard to state law, is a warrantor prohibited by federal law including by international treaty or federal common law to disclaim a written ...
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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 ...
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1 answer
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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 ...
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2 votes
3 answers
260 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 ...
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1 answer
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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 ...
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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 ...
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1 answer
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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,...
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6 votes
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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 ...
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2 votes
1 answer
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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 ...
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3 votes
2 answers
71 views

Can a contract "Implied in Fact" supersede a written contract?

A written contract states a given requirement for a service to be provided. But, in practice we ignore that requirement consistently and provide the service anyway. This goes on for many iterations, ...
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Are credit card issuers required to maintain statement receipt records?

Under Appendix E of 12 C.F.R. § 1022.42(b), the policies and procedures of a furnisher of information to credit reporting agencies (e.g. a credit card issuer) must be reasonably designed to ensure ...
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1 answer
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Does a landlord have an obligation to enforce its noise rules?

Does a landlord have an obligation to tenants to enforce the rules in an apartment lease regarding noise complaints against another tenant, including following through with their "violations of ...
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1 answer
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Conflicting Terms after Post-Merger of Companies

Company A has a contract to produce widgets for the State for $5 per widget. The State also has a contract with Company B to produce the same widgets for $4.50 per widget. Company A acquires Company B....
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Notice of Termination of your supplier agreement - Breach of contract - 7 days notice

Bob joint a food deliver service and enter into a supplier agreement with the company. The application process took over 2 years to be fully processed and activated so bob could start to work. Even ...
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1 answer
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Can I be taken to court over a favour?

So, basically I used to work at an automotive parts dealer and I bought a car from the owner of the store. The car developed a gearbox issue before my ownership due to a mistake on the mechanics' part....
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Is a settlement agreement enforceable if it has only MONTH and DAY (but no YEAR) for the down-payment due date?

Let's say there is a settlement agreement states that Party A (Plaintiff) will agree to settle the debt if Party B (Defendant) makes down payment by a certain MONTH and DAY--with the rest of the debt ...
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2 votes
1 answer
115 views

Appliance store sold our custom order to someone else when it arrived in inventory that we had paid for

We bought and paid for custom appliances (5 items) that took about 2 months to get them in. We were told everything was in inventory and when did we want them delivered. We had to wait a couple weeks ...
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2 votes
2 answers
214 views

What happens if an AirBnB contract violates the overall Terms of Service?

I've identified an unusual listing on AirBnB: https://www.airbnb.com/rooms/50901269?source_impression_id=p3_1627314727_DprmH0dh%2BrK58ACR Under the section "House rules" is the following ...
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Can such a stringent conditions be expected of a backend developer in a contract agreement? [closed]

I got this contractor agreement from a company. Do you think it is proportional legally? Representations, Warranties, and Covenants. Consultant represents, warrants, and covenants to Company that: (i)...
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4 votes
1 answer
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What are the legal protections to buy if seller refunds instead of delivering what was purchased, which causes monetary losses?

I purchased a laptop from a manufacturer from their own website brand new. I bought the laptop because this is the only laptop which contains the feature that I require for my needs. There is no other ...
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Can a landlord remove an amenity that was included in original lease agreement?

I am currently renting a room in a 2 bedroom house. The landlord has stated she will be discontinuing internet service in July for the tenants. In the lease agreement, the water, electric, sewer, ...
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Used Farm Equipment Contract Performance / Fraud Suites

This question is in regard to a would-be purchaser's ability to sue for contract performance and/or damages when purchasing equipment and the dealership sells something they don't have the ability to ...
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Consequences of violation of employment contract in India

What legal action can an employer take against the employee who used the company laptop to work on a freelancing project? Duration maybe max of 10 days. Possibility of allegation from employer is for ...
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2 answers
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How much from the trial is won/lost by the contract itself?

A while ago I heard in a YouTube clip (I think it was from Legal Eagle channel) something like "95% of the contract disputes are won/lost directly by the contract itself"; unfortunately I ...
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2 votes
0 answers
42 views

Can verbal statements and advertising literature be considered in addition to a written contract during dispute?

I was wondering if there is precedent for aspects such as advertising literature and verbal statements being considered in a contract dispute, even if not included in writing? To give a specific ...
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1 vote
1 answer
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When are "entire agreement" clauses invalid?

Contracts often include an "entire agreement" clause (a.k.a. "integration" or "merger" clause) like this: This contract contains the final and entire agreement and ...
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1 vote
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What tests would apply to a claim of "Force Majeure" / "Act of God"? [duplicate]

Question Is there a legal test or standard that would apply to help figure out if Force Majeure applies or not? A test that would determine if a company is trying to escape an unfortunate contract out ...
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1 vote
1 answer
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Fighting customer service abuse

Large corporation A has contractual obligations to provide customer service by phone. By hiring many people to continuously make fake phone calls and jam up the company's phone lines, a third party ...
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2 votes
1 answer
209 views

Can I use WhatsApp for legal communication in the UK?

I currently have a consumer rights dispute over a car and have been trying to resolve it via WhatsApp, as the only method I had to communicate with the dealer. I have followed everything I can and ...
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1 vote
1 answer
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Dealership change the ARP

I purchase a 2021 Chevy Suburban from a Dealership, my contract was with one bank, when it was time to pay my first payment another bank had the loan. I didn't notice that ARP was change until my ...
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0 votes
1 answer
328 views

Is the no shop agreement before joining a company is legal?

I have been interviewed and selected by a company , let's name it "XYZ Consultant". I accepted the job offer from them. They asked me to accept a "No-Shop Agreement" over email ...
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22 votes
2 answers
3k views

Could the GoDaddy employee self-phishing test constitute a breach of contract?

Recently, GoDaddy executed a self-phishing test against its own employees. The message that employees received said that they could claim their holiday bonus by submitting their contact details on ...
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1 vote
3 answers
156 views

To successfully sue for breach of contract, what evidence does the plaintiff have to provide to prove that a contract existed?

My wife is being sued for breach of contract in the state of Washington, in the United States of America. The allegation is that she opened a credit card account, made a single charge, and failed to ...
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3 votes
2 answers
84 views

Does a voluntary release form with two signers which uses the wording of I instead of we release one if they do not sign?

A few years ago a woman I was dating asked me to cosign on a loan for a vehicle. I did so, and all was fine for 2 years. Then after a bad breakup, she stopped making payments. The bank sent out a ...
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-2 votes
1 answer
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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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0 votes
1 answer
475 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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0 votes
1 answer
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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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7 votes
2 answers
820 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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2 votes
2 answers
190 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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