Questions tagged [breach-of-contract]
For questions regarding breaches (violations) of contracts.
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Telecom providers embezzlement India and Consumer protetcion Act 2019, India
According to telecom regulatory bodies of India, the connection for any Landline/Broadband or mobile should be close within 7 days of connection closure requests given by the customer, but one
Telecom ...
0
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1answer
83 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 ...
0
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1answer
77 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 ...
2
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3answers
225 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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1answer
93 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 ...
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1answer
93 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 ...
1
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1answer
83 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,...
6
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2answers
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 ...
2
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1answer
90 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 ...
3
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2answers
63 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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1answer
51 views
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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1answer
120 views
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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1answer
29 views
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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2answers
55 views
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 ...
0
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1answer
156 views
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....
0
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3answers
43 views
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 ...
2
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1answer
101 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 ...
2
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2answers
135 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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3answers
67 views
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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1answer
1k views
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 ...
0
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1answer
74 views
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, ...
0
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1answer
61 views
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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0answers
44 views
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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2answers
50 views
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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0answers
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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1answer
75 views
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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0answers
68 views
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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1answer
95 views
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 ...
2
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1answer
178 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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1answer
65 views
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 ...
0
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1answer
238 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 ...
22
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2answers
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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3answers
134 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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2answers
83 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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1answer
88 views
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 ...
0
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1answer
339 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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1answer
96 views
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 ...
7
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2answers
816 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 ...
2
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2answers
184 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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26 views
A clause in my employment contract is impossible to fulfill due to covid 19. Does this render the other bindings invalid? [duplicate]
Without revealing exactly what clause in my employment contract is now impossible to fulfill, does anyone know what kind of implication it has on the rest of my contract? Is my entire contract null ...
0
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3answers
109 views
Can a NDA define that, any information disclosed is incorrect and invalid?
Can a non-disclosure agreement specify that, after signing, any information disclosed or will be disclosed to any third party without permission is invalid, incorrect, and not factual, and this ...
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1answer
39 views
publisher/author contract [duplicate]
If someone has a book published with a certain publisher and there is a contract signed. Then publisher goes belly up and is now nonexistent. What becomes of the contract between the author and ...
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2answers
73 views
Creating a contract that will prevent you from amending it
So the question is, can you create a contract that will prevent you and other persons involved in from amending it?
Let's assume that two parties agree on
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1answer
169 views
What if I use a false signature on a contract?
Suppose I sign a contract with a company to buy some amount of good in bulk but while signing I faked it, they wouldn't have a way to know if it's my actual signature and if I breach my contract I ...
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3answers
138 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 (~...
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2answers
317 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
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2answers
213 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 ...
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1answer
259 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
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1answer
134 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 ...
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1answer
55 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 ...
