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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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1answer
71 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 ...
-1
votes
0answers
53 views

If desktop computer is only select-able in ERP system what is the legality of buying CPU via ERP system as a desktop computer [on hold]

What is legal definition of desktop computer if different jurisdictions of the world that what should be at most there that should taken as granted if a purchase order contract asks the supplier to ...
0
votes
1answer
48 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 ...
-1
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0answers
44 views

Signed papers invalidating rights of tenant validity [on hold]

So, one of my relatives had an issue with bed bugs, the furniture was removed and the house was sprayed by the landlord. Later on, all of the residents of that complex were forced to sign a waiver ...
0
votes
2answers
34 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 ...
24
votes
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 "...
1
vote
1answer
48 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 (...
3
votes
1answer
76 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
98 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 ...
0
votes
1answer
63 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 ...
2
votes
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 ...
1
vote
1answer
27 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 ...
0
votes
2answers
43 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 ...
3
votes
2answers
108 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 ...
0
votes
1answer
76 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 ...
1
vote
1answer
61 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. ...
0
votes
2answers
61 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 ...
43
votes
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 "...
0
votes
1answer
70 views

Employer requesting that I sign a new contract

I have an employment contract in place with my employer. My employer sent me to a one year training program on the agreement that I would not resign from my position for at least one year following ...
1
vote
1answer
34 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 ...
0
votes
2answers
40 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 ...
-1
votes
1answer
67 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 ...
0
votes
1answer
37 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 (...
2
votes
2answers
59 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 ...
0
votes
1answer
44 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 ...
0
votes
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 ...
1
vote
1answer
57 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 ...
1
vote
1answer
58 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
votes
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/...
1
vote
2answers
81 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 ...
0
votes
1answer
59 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 ...
3
votes
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 ...
1
vote
1answer
18 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 ("...
1
vote
2answers
86 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 ...
1
vote
1answer
72 views

Is it legal to create a carbon copy of an application?

A couple of days ago, an acquaintance of mine asked for help with an application for his non-profit company. This application was already done previously by people who the client hired previously. He ...
1
vote
2answers
55 views

E-signing: legal ramifications of “identifying” a person

On several occasions I've found myself e-signing documents* (one such instance was consenting to a background check for a rental agreement). The companies that offer these services use questions to ...
1
vote
1answer
29 views

Written document from meeting in spite of a contract

I resigned from a company and it was documented in a meeting with my district manager that I would receive compensation for the way I left. It changed the way I left the organization as I had 3 ...
4
votes
1answer
126 views

Ex-husband & I bought car for daughter

My ex husband & I purchased a car for our 16 year old daughter. We paid 50/50,$7,800 each. Because he owed me money he said he would title it in his name so he would pay insurance. I was reluctant ...
0
votes
1answer
33 views

Validity of non-compete clause across several countries

I'm a resident of a south american country, working remotely for an US company, which I'm going to call "the client". I've signed a contract with a firm through which I work for "the client". Let's ...
3
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2answers
33 views

Open Source Contributor Agreements and Consideration

Some Open Source projects require their contributors to execute so called Contributor Agreements. The content of these agreements vary, but many address contributors right to make the contribution and ...
0
votes
1answer
35 views

Priority between signed contract and adoption agreement

When a contract is signed, then the adoption agreement (that is supposed to mirror the contract) has a conflicting statement, which takes priority?
1
vote
1answer
45 views

How much do I have to pay a licensed contractor bill if terms were not discussed before work was completed

I called a licensed contractor in Maryland to set up an appointment for an estimate. The next day the contractor came and determined the problem. The contract said could be fixed immediately. I ...
1
vote
2answers
45 views

Is the termination of a contract valid without a confirmation paper?

So I terminated my gym membership about 2 months ago (notice period was 1 month, but I wanted to have it done at that point just to be sure). I handed in the paper personally, because I still worked ...
0
votes
0answers
10 views

QDRO preparation or money dispersion in 75 days?

The language of the dissolution states: "Petitioner 1/husband shall have a QDRO prepared that will transfer $xxx to petitioner 2/wife from his deferred comp account within 75 days of the decree." ...
0
votes
0answers
31 views

Do you have to surrender “ideas” in intellectual property transfer?

I'm looking at an MSA for software services that reads, in part, emphasis mine: Contractor agrees that all of the work product produced under this Agreement, including without limitation all notes, ...
6
votes
1answer
131 views

Dispute unpaid debt of a deceased family member

My elderly relative died in December 2018. Her gardener has now (January 2019) sent us an itemised invoice. The items begin in March 2018 and end in November (my relative last left the house in ...
2
votes
1answer
69 views

Tied into 2 year contract with incompetent accountant (UK)

I'm 7 months into my first Software contract and setup a limited company before hand. I chose a local accountant based on recommedation and am now regretting doing so as communication is very poor (...
1
vote
2answers
81 views

Non Disclosure Agreement

I was contacted by an employer by phone. He said that he had found my CV online and liked it very much. He told about his idea ( a software program) and said that he is setting up a team, though there ...
0
votes
2answers
61 views

Buyers “breach of contract” by not providing “proof of funds”…is it enforcable and nulls purchase contract? [closed]

Seller had a standard Real Estate contract with a section entitled "Cash Funds and Financing Contingency" the checked paragraph stated: No Contingency on Obtaining Cash Funds . "Buyer represents ...
3
votes
1answer
95 views

Home warranty dropping the ball, during emergency situation. Any recourse?

I opened a ticket in December when my heater failed. I called my home warranty company(HWA), opened a claim and asked for someone to come out and fix it. They said it would be at least a week, ...