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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.

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Is it legal to pay a potential political candidate to do something that would disqualfy them from running for office?

Before an election is it legal to pay someone to move out of a jurisdiction so that they will not be allowed to legally run for a specific office?
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1answer
32 views

Is a monthly Patreon donation\subscription, a contractual obligation to pay someone?

Let's say I have a prepaid card with a balance of 0$ and I am subscribed to a Patreon user for the recurring monthly donation of $50. Let's say I remain subscribed to the Patreon user for 10 months, ...
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3answers
120 views

Are Text Messages Legally Binding Even If I Signed A Contract

I paid someone a lot of money for 3 different services. All 3 of these services were agreed upon in text message format but then I signed a contract that only explicitly mentioned 1 of those services (...
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2answers
23 views

Accepting terms and conditions without identification

I’d like to build an app without any login or user identification but the app itself would require terms and conditions to be accepted. If I’d require to accept the terms prior entering the actual app,...
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2answers
77 views

Should I sign apartment condition form before inspecting apartment?

I am in the process of signing a lease on an apartment. Included in the lease documents is the standard Boston, MA, USA apartment condition form. https://www.lrgboston.com/pdfs/Apartment%20Condition%...
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2answers
77 views

Is a text to audio conversion copyright infringement [closed]

If there is a web-based application which allows anyone to upload any content that he or she wishes, and convert it into audio easily. The content can be, for example, a PDF document or an article ...
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2answers
79 views

Notice period fraud

I have had a Limited company UK contract, with an Agency and worked at their end-client. After working for a few months, my role was suddenly terminated by the client (i.e. the end client, no reason ...
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1answer
43 views

When we are calculating the cost for implementing a new web application, should we have separate cost for providing the source code to the client [closed]

I am working on a new asp.net core MVC web application as an out sourced senior software developer/architecture. now i did many requirements gathering sessions with the client, and i came our with a ...
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1answer
30 views

Entitlement to copy of electronic contract

I am asking a solicitor for a copy of an electronically signed contract. They keep telling me that'no physical copy exists'. I am sure there must be some form of a copy which can be produced otherwise ...
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1answer
27 views

Am I waiving liability insurance coverage by agreeing to this boat charter contract clause?

Member shall be liable for any and all bodily injury, death, property damage and or loss to the boat, its gear and equipment whatsoever and howsoever caused by either the negligence of Member, ...
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1answer
34 views

What is meant by exclusive jurisdiction?

For example from lawinsider emphasis mine Forum Selection. Any litigation based hereon or arising out of, under or in connection with this Agreement, may be brought and maintained non-...
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4answers
100 views

Typo in contract

I have a contract with an admin error in it. The termination clause is supposed to be 90 days, but the contract has a typo that introduces some ambiguity: Either party may terminate this Agreement, ...
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2answers
51 views

Can information from a company policy document be enforceable as a contract clause

Background: I'm leaving a position I've had for 8 months. HR informed me that there is a relocation clawback clause in my contract. I knew nothing of any clawback clause. I checked my contract and ...
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1answer
177 views

Company wants me to sign a general release ASAP. I said no

I got let go today but my company (based in NYC) still owes me money, about $12,000 after tax, roughly. Shortly after letting me go, the company asked me to sign a general release. This, in theory, ...
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2answers
39 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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0answers
21 views

What kind of contract should one have when living in home shared with lease holder?

Where I live the following setup is becoming increasingly popular: Someone signs a lease with the homeowner. There are several bedrooms available in the home. The leaseholder has roommates live with ...
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1answer
37 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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2answers
116 views

Are Credit-Card fraud refunds legally obligated, or good customer service?

Supoposing my CC is stolen, I would expect that all purchase on that card after the theft, but before its cancellation would get refunded to me. Obviously the nature of that refund is going to depend ...
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2answers
126 views

Is this request for formal resignation right/fair?

I'm in a more-than-two-year fixed-contract job in the UK, ending in a few months (employee/employer type of contract). I just received an email stating: For the record, I need to advise that there ...
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3answers
135 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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1answer
60 views

Why is “without regard to conflict of law” necessary?

I often see governing law clauses that state something like The contract is to be governed in accordance with the law of the State of California without regard to any conflict of law principles ...
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2answers
44 views

What is meant by these non-exclusivity and non-solicitation clauses?

I am being asked to sign a contract after I completed the work. I do not fully understand the following non-exclusivity and non-solicitation clauses. What does "solicit sales" mean? Also it never ...
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6answers
9k views

If a contract sometimes uses the wrong name, is it still valid?

I was given a contract, which at the top states my name and says "herein referred to as contractor" but in several sections of the body, it appears that there is a mistake where they use the word "...
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1answer
57 views

Can I leave an organization to bring an end to their contract to work directly with a company?

I work for an organization that holds a consultation agreement with a company. I work for the organization and directly assist the company. However, I will be the only employee working on the project (...
2
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1answer
176 views

How does a contract end?

Assuming that I am a party to a legally binding contract with another party how does it come to an end?
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4answers
112 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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1answer
65 views

What are James’ legal contract rights in this case?

James decided that he wanted to build a pool in his yard so that his kids would stop asking to go to his brother’s house all of the time to get in their pool. On February 1 James contracts with the ...
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1answer
27 views

Reselling Value Added Products?

Imagining this scenario: I buy a miniature Intel computing product, that comes with a pre-installed Windows operating system for personal usage. Can I repurpose it by installing a customized Linux ...
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1answer
28 views

Work contract and own IP

I'm in contract negotiations with a company which have a trial period before offering full-time employment. Reading the contract, I felt the wording around own IP was a little vague. I am working on ...
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2answers
68 views

New Gym Contract Law in Illinois

Previous law didnt have a contract length on it. As of January 2019 there is a law that limits gym contracts to 1 year. If I signed a contract before January 2019, does the new law apply to me, or ...
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2answers
112 views

Limits on contract work without pre-agreed price/contract (UK)

Say you hire someone, such as an electrician or plumber, without price even being mentioned by either party. The contractor later bills you: you're taken aback by the price. Maybe the expected rate is ...
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2answers
107 views

Contract requiring the signing of a statement that may not be true when signed

I found an employment contract, in which the employee promises, upon termination of employment, to sign a "Termination Certification" and present it to the employer. The text of the certification is ...
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1answer
82 views

Are contracts correct/legal with a wrong Postcode and City?

Last week I signed a contract for a gym membership with the wrong location. I'm not really aware of how contract signing is handled in other countries, but here in Germany it always is a part of it. ...
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2answers
72 views

Prohibition of pledges and assignments

In lay-mans terms, what does a clause in a contract mean when it says: The employee is generally prohibited from assigning or pledging salary requested to third parties. The employer shall ...
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3answers
7k views

Can I sign legal documents with a smiley face?

The signature on my driver's license is a unique and identifiable smiley face :-) I use this signature to sign all legally binding documents. A lot of the time, people reject it, and request an "...
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1answer
35 views

If a party says something about interpretation of contract, is it binding?

Contracts can be complicated and lots of companies prefer to use boiler plate. If someone is asked to sign a contract and then asks a question about it, does the answer given by the drafter have legal ...
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2answers
42 views

Is a term stating the contract can only be changed in writing, valid?

For example https://www.lawinsider.com/clause/no-modification No Modification. This Agreement may be changed only by a writing signed by both parties. I know a contract is still binding without ...
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1answer
70 views

I want to terminate my contract as an independent contractor [closed]

I'm in the US, California, and I entered into an independent contractor agreement while I was in college with this rich kid (trust fund kid) who was paying a low wage for my background to have me ...
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1answer
64 views

Assignment of Inventions in Employment Contract for Software Development

I have a contract that basically says this in the Assignment section: To the fullest extent under applicable law, the Company shall own all right, title and interest in and to all Inventions (...
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2answers
72 views

When can a person sue for damages?

To my understanding someone can only sue for damages when they can prove that someone (the defendant) caused the damages. Does this mean if someone is in breach of a contract, the other party needs to ...
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1answer
51 views

Non binding section in a legal agreement?

Is there a concept or known word to describe a text in a legal agreement that is not binding. We would like to annotate an agreement with sections that explain the intended consequences without ...
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3answers
44 views

Does a contract modification need all the elements of a contract?

Alice and Bob have a contract. One day they mutually agree to modify it. Does the modification need to have all the elements of a new contract? In particular, does it need to have a consideration on ...
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1answer
59 views

Keeping converted music files after the expiration of Apple Music membership

Assume someone used Boilsoft Apple Music Converter (which they purchased) to remove DRM protection from music stored in their Apple Music Library, converted that music to the mp3 format and stored it ...
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1answer
79 views

What is the legal structure of online “TOS”?

TOS, also known as "terms of service" or "terms of use", is an agreement entered into by a user, usually before the user is allowed to use the company's product but is it an agreement(contract), or ...
3
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1answer
49 views

Facebook contract Vs Minors

A minor's ability to contract at face-value is straight forward, any contracts with a minor that is not for necessities (food, medicine, clothing, and lodging), and was not approved by the parents/...
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2answers
127 views

retraction of a rejection of an offer

Are retractions of rejections common or would they prompt for the same offer to be made? In case of a written agreement, would a retraction of an oral rejection require a new writing if the offeror ...
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1answer
60 views

Unlawful Detainer move out agreement [closed]

Context: Florida, USA I have a guest at my house who was supposed to leave after two weeks, but it has been months. They do not pay rent, or offer anything in exchange for being allowed to stay. We ...
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1answer
936 views

Is the withholding of funding notice allowed?

I run an independent business. The nature of my job means that I rely on annual funding from various organisations in order to keep a steady income. One organisation in particular, on which I’ve ...
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1answer
23 views

How does a Contract work with Effective Date not filled in but has document signed and dated but not by all parties

I'm looking at a document and I am confused if the contract is valid. Hopefully my over simplified example will help. One page one of the document it has The Amendment of Operating Agreement ("...
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2answers
94 views

There's a (potentially large) mistake in my contract, is there a need to address it?

A company that's using the contracting firm said they'd pay me $X per hour, and the same amount for hours over 40 in a given week. Apparently there's an exemption from the 1.5x pay for certain ...