Questions tagged [contract-law]
For questions about laws related to contracts, an agreement between two or more parties.
1,696
questions
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1
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19
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Time of delivery no later on
I asked a friend to translate my sales contract to English. Here's the original:
"Thời gian giao hàng không trễ hơn: 30 ngày" which means the time of delivery should not be later than 30 ...
-4
votes
1
answer
70
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Reduce risk of large child support payments for life [duplicate]
Lets say hypothetically there is a man and a women. The man makes a relatively high income and is involved romantically with the women.
The women asks the man frequently to have a child with her. The ...
1
vote
1
answer
351
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Does contract formation require subjective "meeting of the minds"?
For a contract to be formed, it is said there must be a "meeting of the minds." Does this mean that the fact-finder attempts to ascertain the actual subjective intentions and understanding ...
9
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2
answers
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Can an auto-reply be considered assent/agreement?
The CEO of a certain company set multiple important public email accounts to autoreply to all messages with the poop emoji. Importantly, there is no indication that it's an autoreply. Someone had the ...
2
votes
2
answers
101
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If there is an error in a webpage that forms a contract how is that resolved?
Ecommerce websites tend to make the details of the sale a contract. For example a website that auctions used cars states predominantly:
Your bid is a contract between you and the listing creator. If ...
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votes
1
answer
86
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What specific laws govern ownership of food in restaurants, and any terms or obligations under which a person can have, take, or eat it? [closed]
This question partially builds off of some of the ideas in here: What terms surround a restaurant order?
But my question is more specifically:
is food in a restaurant considered “property”, owned by ...
1
vote
2
answers
75
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(Germany) Does a follow-up lease contract completely supersede the old one?
In the last three years or so I had to sign a new lease contract for the same place three times:
At the very beginning of the lease
When my girlfriend moved in
When I had to get an extension for 3 ...
0
votes
2
answers
115
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Is a contract valid with totally wrong last name and wrong project address?
Is a contract valid with the wrong last name? I had a contractor come and do some work on a barn. He said that he would do good work use different products. In the end, he did not use the products and ...
2
votes
1
answer
97
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What sorts of “necessities” could married women enter contracts for?
A recent answer by @Ohwilleke on the historical status of married women lists the limited types of contracts they could enter into.
One of these of those for necessities. What is referred to by this?
0
votes
1
answer
84
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Are there any crimes or civil wrongs in disingenuously wasting another’s time?
Suppose that one phones you and states that they have a Nigerian princes inheritance which they would like to arrange to send to you.
Or that they would like to donate some money to your organisation ...
5
votes
1
answer
173
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Can a software license prohibit using competitors' software?
Say a user purchases Company A's Fast Word Processor software and saves a document using it. Company B released a free document viewer, but Company A doesn't like competition, since they want everyone ...
0
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2
answers
50
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"Be to verb" in contract
This is a provision in CONTRACT FOR THE
INTERNATIONAL COMMERCIAL
SALE OF GOODS
Effects of avoidance in general
12.1 Avoidance of this contract releases both parties from their obligation to effect ...
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votes
1
answer
22
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resolution vs settlement
This is a provision in CONTRACT FOR THE
INTERNATIONAL COMMERCIAL
SALE OF GOODS
Effects of avoidance in general
12.1 Avoidance of this contract releases both parties from their obligation to
effect ...
-2
votes
1
answer
23
views
Why did the contract writer use both provision and term?
This is a provision in CONTRACT FOR THE
INTERNATIONAL COMMERCIAL
SALE OF GOODS
Effects of avoidance in general
12.1 Avoidance of this contract releases both parties from their obligation to
effect ...
-1
votes
2
answers
32
views
Is "make available" often used in commercial sales of goods contract? [closed]
I recently read an International commercial sales of goods contract. In which, there is a sentence...
The seller shall make available to the buyer (or shall present to the bank specified by the buyer) ...
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votes
0
answers
13
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Contract law assignment [duplicate]
Is a promise of reward for the return of lost goods an enforceable contract if the person who returned it was not aware of the promise at the time of returning the goods?
I personally think that the ...
3
votes
2
answers
69
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Cancellation vs Avoidance of a contract
Hey I was reading a International Commercial Sale of Goods Contract and I saw this provision:
Effects of avoidance in general
12.1 Avoidance of this contract releases both parties from their ...
0
votes
1
answer
43
views
Would I sue seller or manufacturer for a new appliance that does not function correctly? [closed]
TLDR
We bought a dishwasher. It doesn't work. Mfg just keeps delaying with service visits and attempted fixes. I'm done and ready to buy a new dishwasher and sue for the cost of the old. Who do I ...
0
votes
0
answers
38
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Does there exist a rental law?
I have just rented an AirBnB apartment, where there were a broken door, that the renter hadn't informed about and also that there were some rare and hard to replace items in the apartment, that I am ...
3
votes
3
answers
93
views
Signed but modified document?
One party drafts and signs a document and sends it to another party (assuming no 3rd party site is used). The other party signs the document and returns it EXCEPT that a critical part has been ...
0
votes
1
answer
19
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New York convention contract necessary elements
What are necessary elements of a contract that is supposed to follow the New York Convention?
In a hypothetical scenario, it would be signed in a country that is a member state of the convention.
...
1
vote
2
answers
40
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cross border contract
If two entities from different countries A, B sign a contract, does the contract follow:
law of the country, where the contract is signed
law of a country of choice from A and B
international ...
0
votes
1
answer
61
views
Are there any contract/law-based incentives for someone on their death-bed to obey the law?
Walter is told that he has 1 week to live. So he goes on his twitter profile, and posts the KFC secret formula, airs all the dirty laundry of his boss, etc.. Basically, he breaks every last NDA he was ...
0
votes
1
answer
41
views
Can investors protect their business idea?
Suppose that Alice is the developer/founder of the Uber app and finds an investor for the startup company resulting in the existing Uber company. Suppose also that there is no Lyft or UberEats app out ...
0
votes
1
answer
35
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Legality of promising to refrain from tipping another off?
X discovers that he has a valuable cause of action against Z, and decides to use it as leverage against Z, but it isn't quite enough leverage to counter Z in the way X would like. However, he realises ...
0
votes
0
answers
18
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Are there any cases that establish a precedent regarding software patching?
My question concerns the legality of "software patching", specifically making changes to the compiled code of an existing third-party software application in order to alter its behavior. My ...
0
votes
1
answer
43
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In a contract what is the clearest way to state which country's currency is being used? Why is there so much variation to these terms?
I noticed in written contracts there are various ways to state which currency is to be used for money. What is the difference between 'legal tender' and 'lawful money'? Is it more clear just to say '...
0
votes
2
answers
292
views
If a restaurant is booked and upon arrival it is communicated that the kitchen is closed, are potential damages entitled to be claimed?
It's a hypothetical question:
Let's say you booked a table via an online reservation system (from the restaurant's website) for a romantic dinner with your partner from 7:30-9 PM. The online ...
0
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0
answers
22
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Is a "riot attending a strike" not included in "riot", and is a "riot" not "civil commotion"?
A notice of liability I read says, "[organization] is not liable for damage to any personal belongings... under any circumstances including the event of a catastrophe such as, but not limited to.....
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votes
1
answer
85
views
Do investors have any copyrights on the application they invest on?
Considering I am the founder of Instagram, it means I have written 100% of the application code by myself, then found an investor and they put some money into the startup and got 30% of the new ...
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votes
2
answers
80
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Have a child but reduce the risk of child support [duplicate]
Lets say a Man and a Women agree to have a child. But the Man want's to make sure that before they have a child the man is granted full custody over the child and that the women can never file for ...
0
votes
1
answer
40
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How are multiple and/or clauses in contracts interpreted?
If a contract includes multiple and/or statements, how are these generally interpreted?
For example when defining the competing fields in a hypothetical non-compete clause as
in the field of ...
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votes
2
answers
99
views
Can a Lawyer represent a client in a business deal where he knows that his client is being screwed over?
Two people are partnering to purchase a business deal. A lawyer is representing Partner A. The lawyer knows that Partner A is being screwed over by Partner B, i.e. Partner B has no money to contribute,...
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3
answers
126
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Are social media TOS invalid because lack of due process and mutuality creates an unenforceable illusory contract?
Generally speaking, the TOS of social media platforms share certain common features.
They do not give the user the right to any "due process." If the platform wishes to cancel, block or ...
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votes
2
answers
109
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Economic Duress Induced Illegally Makes a Contract Void or Voidable?
This answer explains the difference between a void and voidable contract:
Void means it never happened
Voidable means someone has the right to declare it void (q.v.)
If a contract was signed due to ...
2
votes
1
answer
48
views
Case record if the case is lost (UK)
How can I search for a case record if the case is lost?
It was originally filed by the trustee as a small claim but might have been moved up to a higher court due to the complexity.
The case was not ...
0
votes
2
answers
43
views
concept of exchange in a donation contract
In a hypothetical scenario, Mr. Peter intends to donate a car to Mr. Joe.
There has to be a contract, a piece of paper, signed by both of them.
According to the contract law, every contract is an ...
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votes
1
answer
88
views
Is it possible the free contracts I find online are actually superior to the ones lawyers are paid to write? [closed]
Without going into details - you could figure them out if you really tried :P - I often deal with people wanting a contract to cover a rather obscure situation. It is one where most states don't have ...
0
votes
1
answer
73
views
Is it legal for ProtonMail to suspend access to your email until you pay for subscription periods that haven’t yet elapsed or for you’ve not had use?
ProtonMail runs on an annual subscription model. If your pre-yearly renewal payment fails, then you lose access to your data until you pay the yearly rate in respect of the year ahead of the date on ...
1
vote
3
answers
153
views
Is "not committing a crime" sufficient consideration?
Alice sees John attempting to steal her car. For some reason, instead of calling the police, she says "I'll give you $1,000 tomorrow if you don't steal my car." John agrees.
Scenario 1
Alice ...
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votes
1
answer
111
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Are the loans on subreddits r/borrow and r/simpleloans even legal? [duplicate]
Many places have a max legal interest rate, and the loans on those subreddits surely exceed those rates. For example, a borrower might say I will repay $150 in 10 days for a $100 loan, and some lender ...
3
votes
1
answer
62
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three person contract mutual obligations
From my understanding of the contract law, I know that in a two person contract, there has to be a form of exchange, e.g. a promise of a future payment for a service being done.
If three people (A,B,C)...
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1
answer
49
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Is a auto body shop required to send me a copy of documents that they said I signed? [closed]
I requested through text message that they send me a copy of every document that I signed. They have not responded yet. In this situation, they have added $1300 of additional repair costs onto my ...
1
vote
1
answer
76
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Typo in end date of a contract [closed]
I am working with a contract company in the UK (I am in the US) and we need to terminate our contract with them. We have provided written notice on Feb 2, 2023 stating we would like to end service on ...
0
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3
answers
88
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Loan contracts with very high interest: are they even legally binding?
Say the borrower agreed to a loan contract of repaying $250 for a $200 in 10 days. Obviously, that is a very high annual interest rate, and illegal in many places. First of all, did the lender just ...
0
votes
2
answers
75
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Can a contract clause really stop me from developing something in my own time [duplicate]
My contract states the below:
I assume this means, even things i make in my personal time would belong to the company?
I wonder how enforceable that really is as that would suggest that they would be ...
1
vote
2
answers
56
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Do contracts have to be equal in terms of the amount of information shared?
For example, can one party only share the name (or even just a nickname/pseudonym/online name) and the other party has to share full legal name, address, phone number, email, etc? Or both parties have ...
1
vote
1
answer
91
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Can salaried employees be forced to attend meetings without being able to charge the time?
Background: I work in Maryland
I am a salaried employee; however, I am required to fill out a time card in order to specify which hours are worked on which contract, and am required to work a minimum ...
0
votes
1
answer
125
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Is a US company obligated to lay off visa holders first over citizens?
With the current big tech firing frenzy I'd like to know if a US company must prefer the US citizens over working visa holders during mass lay offs?
Let's say if there are 2 software developers but ...
3
votes
1
answer
117
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If the employer tells me via text message that I will be paid 2 weeks of severance, how much obligation is he under to fulfill that statement?
If an employer promised me in informal writing (text message) that I was owed 2 weeks of severance pay and then fails to pay me or present me with any formal contract, is he under any form of legal ...