Questions tagged [breach-of-contract]
The breach-of-contract tag has no usage guidance.
88
questions
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2answers
68 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 ...
2
votes
1answer
60 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
106 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
105 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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votes
2answers
143 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
49 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
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2answers
76 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
46 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 ...
1
vote
1answer
46 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 ...
0
votes
1answer
67 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
92 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
79 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
96 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
486 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
196 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
55 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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votes
2answers
157 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
154 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
101 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
213 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
45 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
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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
80 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
65 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
96 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
127 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
66 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
63 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
54 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 ...
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votes
3answers
243 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
131 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
203 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
124 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
86 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 ...
1
vote
2answers
74 views
E-signing: legal ramifications of “identifying” a person
On several occasions I've found myself e-signing documents* (one such instance was consenting to a background check for a rental agreement). The companies that offer these services use questions to ...
4
votes
1answer
81 views
How likely am I to receive compensation? (UK)
I recently bought my first property which is meant to be an exciting time until I realised the property has a broken boiler meaning I have no hot water or central heating. Now prior to exchange of ...
0
votes
1answer
47 views
Can a month be considered four weeks of work in employment case
If I worked for a month I am entitled to 7 days pay in lieu of notice.
I worked from 10 Dec 2018 to 4 Jan 2019 four weeks.
Is there a case law example where four weeks is considered a month?
2
votes
1answer
83 views
Can a former employer (U.S.) use/withhold owed commissions as leverage?
I am in "negotiations" with a former employer. There are written (text message: "You will be paid on X and Y when/if they close) agreements in place for 2 of my deals. One just closed, the other in-...
0
votes
0answers
28 views
With NO written contract or non-compete in place, how does the law (NY, NJ, FL, CA) view contacting former clients?
Is there any kind of generalized legal rule of thumb in reference to contacting former prospects/clients/colleagues once you've left/been terminated, etc.? With no written contract or non-compete in ...
1
vote
2answers
363 views
Can a design freelancer be sued for “potential earnings lost” by a client?
I am a freelance graphic designer working part time
We didn’t have a signed contract for any work (my mistake- I only work through friends and family referrals part time).
I was making a new ...
1
vote
1answer
44 views
Book Publishing and Republishing
I had a two-year contract with a publisher that has since expired (expired Jan 2015).
The contract granted the following rights (excerpted):
[[ WHEREAS the Author is the sole composer and copyright ...
0
votes
2answers
1k views
Are text message agreements legally binding in CA small claims court?
My parents sold their house but they breached a part of the contract. As a result, the other party sued my parents in California small claims court. The court date is in 2 weeks.
We've contacted the ...
0
votes
1answer
118 views
Can seller of property impose conditions on how it is used by the new owner?
When I sell a domestic animal, can I impose a condition that the animal is kept as a pet and never killed for meat? If the new owner breaches this condition, will I be able to hold them to account?
...
1
vote
1answer
62 views
if all customers always violate a contract, is enforcement legally impossible?
Hypothetical case for U.S. law (close to reality but simplified here):
A company offers advertising. Customers may get paid by publishing the advertising. The customers presumably want to do this in ...
0
votes
2answers
152 views
My attorney dropped me without reason
My attorney dropped me without notification via letter and then filed a withdraw for a worker's comp case. He claims it is irreconcilable differences but I barely talked to him about my case. Actually ...
