Questions tagged [contract-law]

For questions about laws related to contracts, an agreement between two or more parties.

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31 views

Can a non-performing party to a contract hold the “partially performing” party to it?

A customer walks into a car dealership and buys a car, signing a contract with a down payment and monthly payments. The customer makes the down payment (partial performance). But when he wants to ...
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Intellectual Property - Retaining rights to generic Software and Electronics libraries [closed]

I'm a consultant and provide engineering design consulting services. As part of my services I produce large amounts of programming code and electronics libraries. Much of my library was built from my ...
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85 views

Can an improperly drafted contract be invalidated?

Suppose that I hire a lawyer to draft a formal contract with another party. (I, the lawyer, and the other party all reside within the U.S.) The terms that I would like in the contract are well ...
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80 views

If I'm making website for friend for free, should I have him sign something saying he will only provide me with material he owns to put on website?

I would like to help my friend build a website for free. The only concern is have is, if he provides me with copyrighted material that I add to the website, would I be liable? What kind of contract ...
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2answers
69 views

Can a sale be voided after payment has been tendered?

Found a car at a dealership, negotiated price, paid dealership for car, they accepted and deposited my funds (part cashiers check, part credit card charge). After I had paid in full they said, "We're ...
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1answer
39 views

Can anything go into a website's TOS just like a normal contract?

To my understanding a website's terms of service is just like a regular contract. You agree to it by click "I agree" or simply by using the website. So hypothetically could a website scam people by ...
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1answer
60 views

What effect does an event like the current Covid-19 pandemic have on contractural obligations?

Across the world, the current pandemic, and various government responses to it will impact on parties abilities to perform their obligations under a contract. What are the legal implications of this?...
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1answer
24 views

Performance bonds vs insurance

I'm an engineer and I'm studying for the law and ethics exam to become a registered engineer in Canada. I'm studying a chapter on a book about Bonds where I see: A bond is a special form of ...
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1answer
81 views

Coronavirus - is it enough to claim on wedding insurance?

In the UK, the Prime Minister has stated Restaurants, pubs and clubs must close Although our wedding venue has a bar, serves food and has a dance floor in the marquee, they have not closed and ...
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1answer
215 views

Can my gym charge me monthly dues even though it shut down due to the coronavirus epidemic?

My local gym shut its doors on March 16th due to a government decree requiring all non essential services to be closed until further notice. Today (March 18th) I was surprised to find out that the gym ...
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1answer
39 views

“as long as there is an implied term that B is not B”

I can't grasp the meaning of "A believes that B who pretends to be C is not B (whether C exists or not)". How can B, who pretends to be C, be not B? Again "B is not B" doesn't make sense to me! I'm ...
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A believing ‘B to be not B’, and by implication someone else (not void) v. A believing ‘B to be C, mistakenly believing that C exists’ (void)

I can't grasp the distinction boldened in the quote below. How does A believing ‘B to be not B’, and by implication someone else differ from A believing ‘B to be C, mistakenly believing that ...
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1answer
76 views

I wanna know if this is correct or not, if someone can help please!

I wanna know if this is correct or not, if someone can help please!
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106 views

Can pest service provider cancel contract without reason and keep payment in excess of $1000?

The issue is two fold, I overpaid this pest control company by mistake (4 years worth), the first phone call, they said it shouldn't be a problem but no one called back. I called 7 times before ...
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2answers
71 views

What is the meaning of notwithstanding in this context?

In this Trust document can you explain the meaning of " notwithstanding"? I believe the Trustees feel it means in spite of. My interpretation is that it means with exception of. Here's how it's ...
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118 views

Can a court order reveal an ssn?

Is there any situation where a court might order someone to reveal their ssn? Has this happened and what justification was given?
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1answer
62 views

What's the tiniest modification necessary to convert a bilateral, to unilateral, sales contract?

While trying to modify as little as possible, how can I make the bilateral sales contract in Practical Example 1 unilateral? What if I copy and paste Practical Example 2 and modify like it this? ...
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1answer
63 views

If cost or repair weren't recoverable, then how would've the obligation broken been treated?

I don't understand the boldened phrase at the bottom of the quote. Recoverability of cost or repair may affect the quantum of damages awarded by the judge, but why ought recoverability affect how the ...
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86 views

We have accidentally made a mistake in our company name on a contract does this make it invalid

One of our customers has defaulted on the contract terms and owes us money. They are saying that our contract is invalid as there is a slight mistake in our company name on the contract. The contract ...
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2answers
2k views

Can a person be fired for not agreeing to a contract at work?

I have seen contracts (relating to employment) which contain terms like "by accepting this position you agree to sign an NDA that you will be provided on your first day of work". To my understanding ...
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1answer
46 views

Contractor v homeowner. Disparagement clause

My husband and I would like to complete a remodeling job on our home. The relationship between us and the contractor has gotten tense as there are many errors that need correction. We have sought ...
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2answers
300 views

How can I effectively report this?

I am in the final round of a set of job interviews with a tech contracting company out of Atlanta. I passed the initial technical screening and the very easy coding interview for a machine learning ...
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1answer
75 views

Lack of action taken by landlord against a noisy neighbor

(First time posting on this SE, I hope it's not off-topic.) I have a friend who lives in the Netherlands, let's call her Allison. Both her and her neighbor (let's call him Bob) live in an apartment ...
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1answer
48 views

HOA bylaws: Are they enforceable absent a contract?

If one lives in a community (a “Resident”), in which there has been a longstanding non-profit corporation calling itself a “homeowners association” (the “HOA”), with bylaws, and registered with the ...
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1answer
21 views

Culmative vs Exclusive Rights

Fellow Lawmen, I have come across this clause in a Lease agreement & I cannot find definitions anywhere on the internet: “The rights of the parties under this Lease are cumulative, and shall not ...
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1answer
117 views

Anti-Fighting Clauses in a Prenup (MN)

Any ideas for prenup clauses to discourage fighting at a future divorce? I've got so far: Binding mediation & arbitration Fees (attorney, court, etc.) awarded to opposite party for refusing ...
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1answer
48 views

Contract Conflict

My new contract states that "Effective... you will begin accruing vacation time at a rate of 6% of your annual earnings. This is equivalent to three weeks (120 hours) of paid vacation entitlement on ...
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125 views

What is the concept of by enforcing the law a person cannot be forced to break the law called?

I remember long ago I was watching one of those judge Judy type shows and an interesting case came up. Two roommates came to court because they had a valid rent agreement but the one housemate was ...
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3answers
86 views

Can a company change its contract only for a specific person?

If a rich man is doing business with a company and they want him to sign a contract, can they present him with a different contract than the one they give to other customers to try and take advantage ...
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1answer
64 views

Can we bring a foreign national to court in Australia?

I have a contract violator who is a foreign national. Can I bring him to court in Australia? The contract was made online. It was just a simple email: will you do this task for me? I will pay you ...
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1answer
64 views

If someone is sued in Singapore, can he transfer all his assets to europe?

Just wondering what if someone know he's about to get sued say in a modern country like Singapore. he transfers all his assets (such as cash) overseas to another modern country like Germany. Then he ...
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1answer
37 views

“Intention that implies false statement of fact that”, “Opinion that implies false statement of fact that”

Do the two that-clauses below bewilder you too? How can they be rewritten more basically? 1 flummoxes me as it contains 2 "opinion"s. But I grasp that "opinion is held on reasonable grounds" ...
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12 views

Indemnity v. Restitutionary/Reliance Damages

How does "indemnity" differ from "restitutionary/reliance damages"? Why do these four textbooks all still write "indemnity", when the first textbook quoted below advises it's "more accurate to ...
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78 views

Innocent Misrepresentation v. Mistake

How does Innocent Misrepresentation differs from Mistake? Scriven Brothers & Co. v Hindley (1913) (quoted below) illustrates my bewilderment. Defendant made a false statement of fact, acted upon ...
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Can you void a condominium agreement of purchase and sale using the Status Certificate condition when nothing is obviously wrong in it?

Here's what the contract says: This offer is conditional upon the Buyer obtaining an existing status Certificate from the seller at Seller's expense within Ten[10]banking days from acceptance of ...
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1answer
40 views

Designated Representative - HOA

In reference to this statue, https://www.azleg.gov/ars/33/01804.htm ...or any person designated by a member in writing as the member's representative and all members or designated representatives ...
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1answer
62 views

HOAs and Personal Assistant

What can my personal assistant do when the HOA sends me a violation or other such letter? Can they research the CC&Rs, Bylaws or other such states, federal statues to help me better understand the ...
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3answers
154 views

What if someone violated a business contract and you don't have the money to take them to court?

I'm in Australia. Legal costs are very expensive, can go up to USD $50,000. What's the use of contracts if you can't take a contract violator to court? Any party is free to do anything. Or worst, ...
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1answer
62 views

Can a NDA be non-terminable for an indefinite period of time?

I have been given a NDA which say it is "unilaterally non-terminable for an indefinite period of time". Is this legal? Can they enforce me to keep the NDA forever? They also said that "The ...
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53 views

Intellectual property in the Age of Industry 4.0

I am looking for specific references describing guidance principles around the interplay between IP (intellectual property) and Artificial Intelligence algorithms. For example, Company A has a large ...
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78 views

Can a contract overpower a statute?

In essence, contracts are supposed to abide with statutes. But is there a way for a contract to overpower the laws passed by a legislative body? (e.g. Regulation of minimum wage)
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1answer
72 views

What does “materially different” mean?

My father is an artist who is considering building a sculpture for an organization. as part of the contract he is prohibited from making copies of the sculpture in the future, or any works that are ...
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2answers
143 views

Can a coder from Pakistan steal my code and sell it worldwide?

Say I hire a team from Pakistan to help me develop a SaaS Product. Can any legal measures protect me if the team decides to steal the product, publish it in the cloud and start generating money from ...
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1answer
46 views

How would a minority share holder VETO power be provisioned in a company constitution?

To protect minority shareholder and potentially attract investors, a company would give minority shareholders the power to veto certain decisions. Typically decisions that would erode their ...
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60 views

What's the difference between “void” and “voidable” as it relates to duress?

There are two types of duress. Those that result from threat of physical harm, can "void" a contract, and those from non-phsyical threats make a contract "voidable." What is the difference between ...
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1answer
32 views

What do I put on an “Accepted” line?

I received a letter of intent to sign and the signature block has a line after "Accepted" as though I should put something there. <Legal Entity Name> ACCEPTED: _______________ BY: ...
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1answer
60 views

Difference between terms and clauses in a contract

I'm new to legal terminology used in contracts. I'm trying to understand the difference between terms of a contract and clauses of a contract. All the sites have referred so far provide no clear ...
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2answers
39 views

Contract law: implicit payment?

If I enter an establishment that offers drinks/coffee/food and say "I'd like a coffee/beer/whatever" and the waiter gives it to me, shouldn't they explicitly mention that it's not for free? If some ...
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Relationship between subsections in an agreement [example provided]

Section 1.3 states "A student may be suspended or restricted in accordance with Section 5 of Policy A" Section 1.4 states "In circumstances where a student is X, the student may have restriction ABCD ...
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1answer
47 views

Cancelling the 3rd party service contracts

My business partner and I recently purchased a small Ltd company. Each of us holds 50% shares each. No changes were made and we simply purchased the business as it is, simply the ownership changed. We ...

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