Stack Exchange Network

Stack Exchange network consists of 174 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers.

Visit Stack Exchange

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.

0
votes
1answer
13 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 ...
2
votes
2answers
24 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
19 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
41 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
22 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
9 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
27 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
110 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
68 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
votes
0answers
14 views

What are pay and liability protection under IR35? [closed]

What are pay and liability protection under IR35? Is it possible to voluntarily request IR35 review on terminated/completed contracts in the past? What protections does IR35 / being inside-IR35 ...
1
vote
2answers
71 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
56 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
86 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, ...
1
vote
2answers
36 views

LOAN DEFAULT UK-US Citizens

I am a UK citizen and a US citizen owes me money. We have written confirmation of repayment, the US party has defaulted Can I apply to Small Claims Court in the US without personally attending the ...
2
votes
2answers
63 views

What counts as an offer being accepted?

I know that a contract does not need to be signed. In general what counts as accepting a contract? I know some people can be tricky with words. For example if you emailed someone a contract (for ...
0
votes
0answers
17 views

Consumer rights for internet contracts - additional costs incured - Germany

I'm located in some EU country. I've bought (as in signed a contract over the internet) a product from a company located in Germany. I've paid the product via bank transfer and got there to retrieve ...
1
vote
2answers
96 views

Can a design freelancer be sued for “potential earnings lost” by a client?

I am a freelance graphic designer working part time We didn’t have a signed contract for any work (my mistake- I only work through friends and family referrals part time). I was making a new ...
1
vote
1answer
32 views

Do/can integration clauses terminate other contracts?

Question 1. Sometimes it's not clear what contracts (especially implied ones) already exist. If parties want to solidify everything in a single written agreement, what's the best way of doing this? It ...
0
votes
3answers
86 views

Can a party argue they did not know a contract was changed before signing it?

This is a follow up to the question Can I cross out parts of a contract before signing it? If a contract is given to someone and they modify it before signing, and the other party doesn't notice the ...
0
votes
2answers
64 views

Are there any legal terms to use for charging the client for downtime hours at reduced full-time rate?

Normally, when working as a contractor, the bench time — when the client fails to provide you with the work to do, and no explicit work hours were assigned, either — is not compensated. This could be ...
0
votes
0answers
18 views

Termination in Residential Lease Contracts

Given a list of terms in a Florida residential lease: No pets No smoking Limits of 2 cars no subleasing No guests exceeding 3 days w/o permission Some of the rules are HOA requirements, others are ...
0
votes
1answer
35 views

What is the label associated with AirBNB?

How does one write no AirBNB into a rental contract that AirBNB or the like is forbidden? Is this merely a form of subleasing? Assume a venue of Florida.
3
votes
1answer
57 views

Agreeing to only do “academic research”, doing academic research, but then spinning off a startup based on academic research [closed]

If I sign a material transfer agreement (MTA) to use a material only for "academic research", do legitimate academic research, but then spin off a startup based on that academic research, does this ...
0
votes
2answers
88 views

Are text message agreements legally binding in CA small claims court?

My parents sold their house but they breached a part of the contract. As a result, the other party sued my parents in California small claims court. The court date is in 2 weeks. We've contacted the ...
0
votes
2answers
58 views

Legally withold payment for services rendered beyond a weekly limit? - Canada

If a contract specifies that work be rendered for services between 8 and 16 hours per week, and the month averages to 16 hours per week but certain weeks are in excess of 16 hours, is it legal to ...
0
votes
0answers
27 views

Is the power company responsible for trimming trees with power lines running through?

Previous tree trimmers would not approach areas of trees near the lines in St. Johns County Florida. They indicated power company owns this. Power company claims that they are near service drop and ...
1
vote
1answer
43 views

When are contracts (like NDAs) binding? [duplicate]

I have a Great Idea™ and I've found a trustworthy individual who can help me realize this. We're both private citizens in differing nations with no current employers. If I get them to sign an NDA, do ...
-1
votes
1answer
51 views

Who is the owner of website client or agency?

Story : I wanted to build a website so i have hired a New Delhi India based agency. Initially they told me it will charge $2000 but they have charged me $6000 till now. And they have not completed ...
1
vote
2answers
49 views

Can I make a contract on behalf of a company before it's incorporated with myself as the liable party?

I'm starting a company and I have investors willing to lend my business partner and I some early capital, but they want a debt convertible instrument in the form of a convertible promissory note. I ...
0
votes
0answers
20 views

Why it's not just 1 contract instead of a few

In considering the content of contracts, it seems that some of them overlap significantly with each other. Trade Secret Agreement, Confidential Information Agreement Terms of Service, Privacy Policy, ...
0
votes
1answer
27 views

If you must include all of the natural language prose in a legal document, or if it can be abstracted out

Most legal documents I've seen are multiple pages of large blocks of text, with just a few fill-in-the-blanks here and there, and a signature at the end. If all of the text that is shared between ...
0
votes
0answers
17 views

Example of a real-world (sophisticated) NDA (perhaps in the technology field)

In reading cases such as these: LEADFACTORS, LLC v. CISCO SYSTEMS, INC. Space Data Corp. v. X I am wondering what the NDA exactly looks like. I would like to know if, generally, there is a way to ...
1
vote
1answer
120 views

Is mandatory binding arbitration enforceable if the contract violation is also a criminal violation

Given a standard contract between companies that include mandatory binding arbitration for any contract disputes: Is arbitration still mandatory when the contract violation is also a serious criminal ...
0
votes
1answer
68 views

Quitting Job on the first day? What would be my last day? (Germany)

I wish to cancel my new work agreement that I already signed. On 01.02.2019 (First day at the job) Notice of termination: one month to the end of the month (during the probationary period) Which ...
10
votes
3answers
3k views

Membership cancellation and poking the bear

I would like to start wearing a shirt to ABCGym stating something to the effect of: ABCGym refuses to refund payment it accepted for membership to a gym ABCGym closed. ABCGym has substituted an ...
4
votes
2answers
417 views

Is this Intellectual Property clause over-reaching?

Here's an extract from my (employee) contract All rights to any material and results, and all intellectual property rights related thereto, made, written, designed or produced by Nathan Cooper ...
1
vote
2answers
144 views

What are the implications of an obvious mistake in a signed employment contract?

My brother was recently employed full time in a very specialized (and sensitive) job in South Africa for a company based in the US. There are less than 300 people in the world suited for his job. ...
3
votes
3answers
160 views

Why is signature used to sign contracts and not fingerprints?

Personal signature is used to sign contracts. However it is impossible to prove the veracity of a signature, i.e. graphology is not scientific (see http://psycnet.apa.org/record/1998-07238-000) Why ...
0
votes
1answer
92 views

Can seller of property impose conditions on how it is used by the new owner?

When I sell a domestic animal, can I impose a condition that the animal is kept as a pet and never killed for meat? If the new owner breaches this condition, will I be able to hold them to account? ...
2
votes
2answers
60 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
vote
1answer
39 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 ...
2
votes
1answer
39 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 ...
-1
votes
2answers
223 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? [closed]

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
vote
1answer
49 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
vote
1answer
53 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
vote
2answers
59 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
votes
2answers
65 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
votes
2answers
74 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
votes
0answers
65 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 ...
1
vote
2answers
28 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 ...