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Questions tagged [contract]

Contracts are verbal or written agreements that parties enter consensually, exchanging consideration. Use this tag when the question is about contracts, or one or more elements of a contract.

2
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2answers
42 views

Can you reuse the text of a contract you've signed with one party with another party?

Relations between individuals and business entities are governed by law; what's not specified in the law, can be specified by a mutually-executed contract. Generally, one party provides the actual ...
1
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1answer
25 views

How can I read your cookie policy without using your site

I see a bar at the bottom of the screen that reads: By using our site, you acknowledge that you have read and understand our Cookie Policy, Privacy Policy, and our Terms of Service. My question is ...
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0answers
13 views

Rental Apartment 'Buyout Fee:' Does it apply to future month's rent?

My lease specifies I pay a buyout fee if it is terminated early. There is also a rule that says renters must pay rent until a new tenant is found and any difference in the new tenant's rent. If I "...
2
votes
1answer
36 views

What happens if a party to a contract is purchased?

If there's a contract between parties X and Y, and Y is bought by Z, then what happens to that contract? Is it automatically as if the contract was between X and Z? Or instead, do X and Z need to ...
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0answers
27 views

What's the legalese for a licensing agreement to say it stays in force regardless? [on hold]

In a software licensing agreement, I want the parties to agree that the agreement stays in effect even if the licensor and/or licensee changes company formation (like from an LLC to a corporation or ...
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2answers
146 views

Can I take an employer to court for false promise? He promise me a temporal job for 2 months and din't fulfill that promises?

Can I sue a person for don't fulfill his promise? Sorry for the long story. We are "friends" from long time ago maybe from 2010. He started his own small business 4 or 5 years ago and sometimes asked ...
1
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1answer
39 views

Legality of employment contract clause - Training reimbursement

I have a German employment contract which stipulates that if I was to leave the company before a certain time, I would have to pay back (some of) the cost of training to the employer. In this case, ...
1
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1answer
45 views

Tenancy at Will vs Periodic Tenancy: payment

Is it possible to pay for a tenancy at will without having the tenancy at will becaome a periodic tenancy? I ask this because a classmate told me that you cannot pay for a tenancy at will. The ...
1
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2answers
41 views

Can a pre-court settlement include an admission of guilt?

(I do have a lawyer I'm working with in this case, however they are currently on leave for the Christmas holiday season and I am expressly permitted to ask others, even in a public forum, questions ...
0
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2answers
51 views

To what extent are estimates binding in contracts?

Consider this not too uncommon scenario: Bob asks Rob to do a one-off job. Due to the nature of the job, giving a precise quotation is difficult, so Rob provides an estimate of $5,000 to get the job ...
0
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2answers
68 views

Contract I signed appears to have contradictory statements

I signed a contract with a company that was going to do some work on my house. I have already put money down on the job. However, the agreement states that the job WILL be completed between date A ...
2
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0answers
57 views

In Germany, can someone sell an auto without being the owner?

I am temporarily living in Germany, and my knowledge of the language is limited. In my country, if Bob wants to sell an auto to Alice (privately), there are three steps needed: 1) Bob must prove to ...
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2answers
27 views

Renting in Michigan former tenant and rental agreement

I bought a house in Saint Clair Shores. Closing took place 10/1/2018. I’m friends with the previous owner, who had a tenant. We agreed that she could continue to rent for a couple months. I drafted a ...
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2answers
115 views

What if somebody copies your signature on a contract that says you can't sue them?

What can the person do in such cases? And further more, what can the judge do to stop this paradox?
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2answers
60 views

Can I amend a contract after end date

I'm a freelance web developer and I entered into a contract with a client in August 2018. The contract was set to end and product delivered by October 5 2018. However, due to the client changes in ...
0
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1answer
55 views

Damages from a contractor

So I just got stumped in small claims court today. Judge was lovely a very nice person so I can't even blame her kick around and pout as apparently I was unable to prove any damages. So backstory, I ...
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1answer
63 views

Is this non-compete contract valid?

I worked for Russian IT bodyshop company A. I've got a good proposal from one of its Italian clients B recently to relocate and work directly for them. But there is one problem: B says they have a ...
1
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3answers
170 views

Trump offered E. Warren $1 million - can she collect?

Trump said he would donate $1 million to Elizabeth Warren’s favorite charity if she was Cherokee. Since she has evidence for it now, can she collect? What court(s) would/could she sue in if possible/...
0
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1answer
42 views

Terms of Contract changed during drafting of Written Contract

I entered into discussions with an owner to purchase his business. During the process I agreed verbally and via email to pay for the owners lawyer to draft the purchase and sale agreements. The ...
1
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1answer
134 views

Revoking my right to defend my Intellectual Property by using Let's Encrypt

Agreement: https://letsencrypt.org/documents/LE-SA-v1.1.1-August-1-2016.pdf Section of interest: BY WAY OF FURTHER EXPLANATION REGARDING THE SCOPE OF THE DISCLAIMER, AND WITHOUT WAIVING OR ...
0
votes
1answer
27 views

Derivative softwares copyrigths from a more generic software

Imagine consultancy C has a generic software for analyzing data S. Now C has a client C1 and from the software S it derives a software S1 to analyzed some specific data for C1. The overall dependency ...
1
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0answers
31 views

Defenses Based on Electronic Form of Terms

I've been looking at a few terms of service recently, and have seen something along the lines of Defenses Based on Electronic Form of These Terms. You hereby waive any and all defenses you may ...
1
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2answers
95 views

What exactly does “without prejudice” mean and how does it work?

According to businessdictionary.com without prejudice means Law phrase: Without abandonment of a claim, privilege, or right, and without implying an admission of liability. This sounds pretty ...
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2answers
35 views

How to interpret “respectively” after a comma

This agreement is issued pursuant to and incorporates by thisreference the terms and conditions set forth in the Schedule statedabove, and the Agreement and Attachment(s) set forth in such ...
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0answers
52 views

Is making my co-tenants sign a contract to pay their share of the bills helpful in court?

I share a house with three other people, and as I was the first to move in, I had to sign up for some of the bills with my name. However, some of my co-tenants are rather slow and unwilling to pay ...
0
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1answer
36 views

As an Iranian, can I sign an Independent contractor agreement, and work remotely for a US company from Iran?

Are there any restrictions for citizens of sanctioned countries to work remotely for US companies?
0
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1answer
53 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 ...
0
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2answers
47 views

What are the different time requirements under law?

I was wondering about the phrase "time is of the essence". This compares to other time constraints such as "reasonable time" and "time at large." My understanding of "time is of the essence" suggests ...
0
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1answer
38 views

I have an Master Service Agreement without Statement of Work, is it valid?

Full Story I started working as indepent contractor for WeJustHiredYou INC. WeJustHiredYou provides software developers to RealClient. I have an MSA with WeJustHiredYou, but I always worked, for ...
3
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2answers
126 views

Can the Prisoner's Dilemma be solved with a civil contract?

The Prisoner's Dilemma is a well-known game theory problem that translates well into our real life experience. The idea is that two people who will optimize their individual and collective outcomes by ...
1
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2answers
63 views

What does the contract really mean?

I have been working in a company in Cambodia for about 5 months now and I am thinking of leaving the company for various reasons. When I asked them for resignation, they said that the minimum prior ...
4
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1answer
72 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 ...
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0answers
30 views

Working contract not handled (germany)

Hy, I would like to know what the German law says about employers not giving documents, such as their working contract, to their employees. Here is my personal context. I started to work in Mai 2018 ...
2
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2answers
79 views

Is there any need for “except as required by law” notices?

In the US, do notices like "except as required by federal, state or local law" in contracts have any purpose other than to serve as a reminder to the reader/party? If something is required by ...
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2answers
52 views

Delivering services at a later date

I needed a variety of yard work done around my house. I found a contractor and scheduled him to come out and give an estimate. He did not show up on time to give the estimate. However, that is ...
4
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4answers
172 views

Legal consequences of not tipping in the US

In the US, there is an expectation of almost always tipping certain service providers like waiters and bartenders. Generally, it is expected that customers tip 15% for ordinary service, 20% or more ...
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1answer
38 views

What is the value of these phantom shares?

The wording of this paragraph is not clear to me. Does the value of the Phantom Units equate to 0.25% of the FMV or do they equate to 0.25% of 10% of full FMV? The number of Phantom Units granted ...
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1answer
97 views

What if a lawyer steals my idea and doesn't do the work?

I'm working on a tech startup that involves a specific industry. Because the industry is regulated, I decided to get a lawyer to sign off on my system and tell me whether I would need to change ...
0
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1answer
98 views

International issues [closed]

I've been working with a person in the UK and recently fell into some issues. There's breach of contract being thrown around. I'm just wondering which jurisdiction it would fall under: UK or ...
0
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1answer
53 views

Canceling a contract without a cancelation clause [closed]

Can a contract between a customer and vender without a cancelation clause be canceled without cause by the customer? In other words... is an unmentioned clause open to do whatever anyone wants to do ...
3
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1answer
68 views

Gym Membership Cancellation - Michigan, USA

Some Background: My wife utilized a personal training service from a fitness/gym company in Michigan. She signed up for a year contract knowing that she would have to move approximately 9 month into ...
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2answers
91 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 ...
2
votes
1answer
150 views

Employer did not accept resignation in Germany

I'm currently working for a company in Germany and the notice period is two weeks. I sent my resignation via E-mail. They told me after 3 days that they did not accept it because I need to send it ...
0
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1answer
62 views

Are non-guaranteed delivery service contacts legal? [EU]

I had a parcel shipped with a company (not courier itself). Delivery took over 10 days instead of 2 days. During the order below message was displayed. Parcel delivery within 2 working days ...
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0answers
34 views

Default Governing State for NDA

If an NDA does not list the governing state in the terms, what is the default state that governs if legal action is taken? Which state has jurisdiction? (Parties reside in two different states)
2
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1answer
72 views

Gym Membership Extraordinary Termination when Flaws were already present before signing?

I'm going to a local gym in my town for about half a year. At the time I signed the contract I didn't have a car and bus or train is terrible where I live, so I had no other gym to choose from. The ...
3
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1answer
70 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 ...
2
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1answer
42 views

Which comes first: contracts or subpoena orders?

Example scenario If I am a reporter and I write an article from a source who did not want to disclose his identity and I signed a contract to never disclose his identity. But the court now demands ...
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3answers
2k views

Will my employers contract hold up in court?

When I started a new job back in July of 2017, I signed a contract that had the following bindings or restrictions if I was ever to leave the company: Cannot work for a competitor within 25 miles of ...
0
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1answer
102 views

Lease dispute, over email and text message

I am a college student signing a lease for an apartment to rent for a year. I was told verbally by the sales representative that on-site indoor garage parking would be included with the rent. The ...