Questions tagged [breach-of-contract]

For questions regarding breaches (violations) of contracts.

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42
votes
3answers
10k views

Is it breach of contract if dismissed before starting work?

I've been dismissed by a company I was due to start a job with, just a few days before the job was meant to start. They have no intention of providing me with any compensation despite the fact I ...
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 ...
17
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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 ...
11
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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 ...
7
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2answers
194 views

Landlord's LLC filed for bankruptcy, is that a breach of contract?

My landlord owns and maintains the property I'm leasing though an LLC. The lease documents are between myself and the LLC. I was recently sent a letter that says that my landlord's LLC is filing for ...
7
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2answers
785 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 ...
4
votes
2answers
500 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 ...
4
votes
1answer
89 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 ...
4
votes
1answer
244 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 ...
4
votes
1answer
129 views

Can I fight a charge from forgetting to cancel a subscription?

I just got charged a substantial fee for renewing some domains that are years old, (old enough that my card on file had expired, so I don't know how they even managed to charge it) that I had ...
4
votes
1answer
112 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, ...
4
votes
1answer
2k views

Am I Entitled to a Refund for Services Not Rendered?

I pre-paid for 12 months of a SaaS service. At the time I paid, I was not sent nor emailed a copy of the Terms of Service. Now 2 months in, this SaaS company was acquired. I have no relationship ...
3
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2answers
72 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 ...
3
votes
1answer
189 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?...
3
votes
1answer
254 views

Can I take legal action in Colorado against a car dealership that has yet to deliver owed items to me?

I ordered a vehicle from a dealership in July of 2017. The vehicle was delivered to me approximately six weeks later and did not match the build I had requested. Investigation with the dealership ...
3
votes
1answer
138 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 ...
3
votes
3answers
254 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 ...
3
votes
1answer
759 views

How can auto sale contract be breached

Customer goes to a dealership in Texas to buy a used car. Car is test driven and customer likes it. Customer makes agreement to buy the car, and they settle on a price. Customer signs a deal with a ...
3
votes
3answers
772 views

Can my LLC limit my liability of a personally-signed non-compete agreement?

I am employed via W-2 and bound to a non-compete agreement stating that I cannot be paid for work outside of said W-2 employment. Is it a breach of contract to perform work on behalf of an LLC which ...
3
votes
1answer
295 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 ...
3
votes
0answers
56 views

Contractor wants to charge when he did not gain access to the property [closed]

I agreed with a plumber to come in for a small job on a short notice. He estimated the work to £135. Unfortunately, when he came in, nobody has let him in, so no work has been done. Now, he wants to ...
3
votes
2answers
2k views

SAMSUNG refuses to honor their warranty. How to proceed?

I bought a SAMSUNG flagship Android device from the world's largest retailer (Walmart). The SAMSUNG device is now failing in multiple ways. I have repeatedly contacted SAMSUNG, and SAMSUNG refuses ...
2
votes
2answers
209 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 ...
2
votes
2answers
150 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 ...
2
votes
2answers
142 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
votes
2answers
78 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 ...
2
votes
1answer
62 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'...
2
votes
1answer
94 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-...
2
votes
2answers
218 views

Can a person be held responsible for a breach of contract by another person?

I once worked as a contractor for a certain company. That company required me to sign an agreement that contained the following: 5.2. Protection of Confidential Information. Contractor ...
2
votes
1answer
90 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 ...
2
votes
1answer
72 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 ...
2
votes
2answers
89 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 ...
2
votes
1answer
381 views

Small claims court jurisdication over international employment agreement?

I am a US citizen originally residing in state S. I entered into an employment agreement with a company headquartered in country C1 (not the US), with physical offices in another country C2 and US (...
2
votes
3answers
181 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 ...
1
vote
1answer
155 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 ...
1
vote
2answers
71 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
1
vote
1answer
70 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 ...
1
vote
2answers
168 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. ...
1
vote
3answers
126 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 (~...
1
vote
1answer
77 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 ...
1
vote
2answers
154 views

Contractor bailed after getting paid in full

I live in South NJ. I have a 25k contract with a building contractor. However, they bailed once they got paid in full from the financial company. Before I knew that they were playing games they kept ...
1
vote
3answers
303 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
vote
1answer
114 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 ...
1
vote
1answer
115 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 ...
1
vote
2answers
115 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
52 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 ...
1
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1answer
65 views

Is there recourse for damages due to merchant reselling item after taking payment but before delivery?

We purchased a door at Home Depot. It was a display model, and therefore sold at a significantly reduced price. We also purchased installation service, and therefore left the door at the store so ...
1
vote
1answer
118 views

What to do if a Company terminates your contract before 1 week of joining date?

Working in Malaysia I got a job offer from one of the famous MNCs 1 month ago under another Company's payroll. I got the offer letter and all the documentation is complete. I resigned from my current ...
1
vote
1answer
59 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 ...
1
vote
2answers
96 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 ...