Questions tagged [breach-of-contract]

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58 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
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 ...
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0answers
63 views

Housemate taking part of my deposit

I was splitting a house with three other people and moved out for a lack of cleanliness on their part. I was a late addition to the house, so I never got to sign the lease. One of the housemates that ...
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1answer
27 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
43 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
90 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
75 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
93 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
481 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
48 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
182 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
50 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
153 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
103 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
100 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
179 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
42 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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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 ...
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1answer
76 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
64 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
85 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
90 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 ...
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1answer
65 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
59 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 ...
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1answer
48 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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3answers
242 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 ...
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4answers
130 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 ...
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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 ...
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1answer
184 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 ...
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1answer
70 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 ...
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2answers
82 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 ...
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1answer
47 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 ...
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2answers
71 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 ...
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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 ...
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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?
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1answer
78 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-...
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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 ...
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2answers
294 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 ...
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1answer
42 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 ...
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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 ...
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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? ...
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1answer
55 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 ...
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2answers
143 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 ...
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2answers
68 views

Plumbing Payment Reduction

In the New Mexico, US do you have to pay someone for work if after completion you do not feel the work is worth the original amount agreed upon. For example a plumber who gives you a quote, finishes ...
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2answers
129 views

Can one turn down a settlement offer if it's for more than the amount being claimed?

Suppose Joe is suing Acme Corp for $1000 over damages to his property. After some time, Acme Corp offers a settlement to Joe for $1500, on condition he signs a non-disclosure agreement. Is Joe ...
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2answers
152 views

Is this email agreement a contract and if so, does breach of contract mean we can end it?

Suppose: We received the following email proposal for a new leased line: Please find quote below for leased line Ethernet fibre: 10/100 fibre Ethernet Direct Internet Access (DIA) circuit. ...
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1answer
65 views

If the Residential Tenancy Act does not apply, what does?

In BC, the RTA stipulates laws regarding rental homes. However, it does not apply under certain circumstances, such as when the tenant shares the kitchen or bathroom with a home owner. My question is, ...
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1answer
161 views

Can an employee take an employer to court over false promises and breach of contract?

What if something like this happened: An employer IN WRITING stated that an employee would begin receiving compensation on my start date. That did not happen. Time after time, the employer would ...
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1answer
54 views

S75 Liability of creditor for breaches by supplier in the Consumer Credit Act 1974 (UK)

I had a verbal contract with a contractor and part of the payment for that contract was a credit card payment of £2k in a £10K contract. Payment by credit card as made halfway during thye prosecution ...