Questions tagged [breach-of-contract]
For questions regarding breaches (violations) of contracts.
127
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39 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
83 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 ...
3
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1answer
74 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
63 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)...
4
votes
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
59 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
45 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
31 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 ...
0
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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 ...
2
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0answers
39 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 ...
1
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1answer
68 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
67 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
88 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
114 views
Using Whatsapp for Legal Communication UK?
I currently have a consumer rights dispute over a car and have been trying to resolve it through communication via WhatsApp, as the only method i had to communicate with the Dealer. I have followed ...
1
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1answer
62 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
172 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 ...
0
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3answers
122 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 ...
3
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2answers
74 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
80 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
116 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 ...
0
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1answer
89 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 ...
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2answers
797 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
165 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 ...
0
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0answers
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
103 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
72 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
163 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
136 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
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2answers
225 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
150 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 ...
1
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1answer
216 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
103 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
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1answer
53 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
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3answers
664 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
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1answer
141 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
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2answers
105 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 ...
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2answers
108 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 ...
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2answers
77 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 ...
3
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1answer
202 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
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2answers
174 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
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1answer
117 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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2answers
161 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
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2answers
60 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
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2answers
34 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.
...
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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 ...
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1answer
48 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
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1answer
92 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
136 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 ...
