Questions tagged [contract-law]
For questions about laws related to contracts, an agreement between two or more parties.
1,545
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Contractor Did Not List His Legal Business Name On Contract. Is The Contract Enforceable?
Hopefully someone here can shed some light on this matter for me. Long story short, I entered into a contract with a general contractor for the construction of my new home. I have been moved into ...
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What can a company do that contracts for services with an IT company and cancels contract but IT company won't return proprietary data
What can an insurance company who contracts for services with an IT company do if IT company will not return propietary data after insurance company cancels contract to use a different IT company
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Why's it nonsense that a contractual variation is enforceable if the other side’s obligations are altered trivially, but not otherwise?
What exactly does otherwise mean? What are the other wises? wise means manner/extent.
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p 106.
5.55 Furthermore, there are several more ...
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36 views
Don't David v Goliath cases make obvious why the claimant’s reasonable expectations should prevail over what the contract says?
Mindy Chen-Wishart. Contract Law (2018 6 edn). p 434.
11.5.4.4 Exemptions for breach of contract
Section 3(2)(a) invalidates unreasonable exclusions or restrictions of liability for breach
...
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In Tweddle v Atkinson (1861), why didn't Tweddle's dad sue?
I read the judgment but it doesn't answer my question. Richard Taylor, Damian Taylor. Contract Law Directions (6 edn, 2019). p 89.
Before we move on to estoppel, this last section on consideration ...
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55 views
In Canada's famous “Ron Engineering” case, what really is protected by Contract A?
In Ron Engineering, the supreme court ruled that a "Contract A" is formed when a bidder submits a bid. This seems to imply that Contract A is formed by the bidder, not the receiver of that bid, ...
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1answer
25 views
does the phrase below mean a 'No Comment' notification must be received?
Project Co shall implement the plan submitted in accordance with Section 4.6(a)(iii) upon receipt of a NO COMMENT notification from Contracting Authority, in accordance with Schedule 10 - Review ...
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4answers
154 views
When purchasing with excess cash in a shop, is the sale completed when I pay, or only when I receive change
I'm asking purely out of curiosity, and would be happy with answers relating to any jurisdiction(s).
As an example, Ben wants to buy a banana from Sam's shop. Bananas are priced at £0.50 each. Ben ...
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1answer
98 views
Missed flight, can we take the airline to court to claim money to rebook remaining flights?
A couple of weeks ago me and my partner went on holiday. We had booked with Thai Airways and had a multi-part ticket. London -> Bangkok, Bangkok -> Tokyo, Osaka -> London (via Bangkok)
On the day of ...
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2answers
39 views
How does automatic specific enforcement allow claimants 'to sell the right to specific performance for more than the performance's true value to him'?
Mindy Chen-Wishart. Contract Law (2018 6 edn). p 557.
Counterpoint
The current level of damages awarded is the outcome of balancing the various policies
identified in Chapter 13. If we ...
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13 views
Why's it paradoxical that Wrotham Park damages protect the claimant’s performance interest by enforcing a sale of the claimant’s right?
I scanned both pages. Mindy Chen-Wishart. Contract Law (2018 6 edn). p 538.
Paradoxically, Wrotham Park damages protect the claimant’s performance interest by
enforcing a sale of the claimant’...
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What does 'in reliance on the security of their receipt' mean?
Mindy Chen-Wishart. Contract Law (2018 6 edn). p 354.
To whom does 'their' refer?
What does 'receipt' mean? Who received what?
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1answer
60 views
Can a contractor have scheduled work canclled for no reason?
I work as a contractor for a company. A (small) dispute arose over an invoice I submitted. Out of retaliation the company cancelled my scheduled shifts. Are they allowed to do that? This is in Canada. ...
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97 views
Altering an employment contract prior to signing
So in this SE question the op has had verbal agreement of renumeration during the interview, however the offer letter and contract, state that pay info will be provided after starting with the company....
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1answer
23 views
Can a schedule be a separate attachment in an email?
I have a contract which refers to schedule 1 which is another document. However in order to be able to add the document referred to in schedule 1 to the same document as my contract, I would need to ...
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1answer
55 views
Do I have a case to challenge a private medical invoice that wasn't covered by insurance?
I had private medical insurance as part of my employer, I rang up in October for an appointment and one was "authorised" for January.
I then left my job in December and still attended in January. (I ...
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1answer
91 views
Buying a home from a 'sale by owner' that was previously listed by some agent and shown by my agent. My agent asking commission and raising price
The incident is based in Arizona.
An agent was assigned to us a part of our relocation. The agent showed some houses which I had done the research for. So I had found the house and asked them to show ...
2
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3answers
61 views
Consulting agreement between my corporation and client also includes me individually
I own a Canadian corporation, which consults on software. Recently, I've been offered a contract with a US company. Instead of making the contract solely with my company, it states that "Consultant" ...
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2answers
43 views
Can I refer to another contract in a contract?
Should state that I am in the United Kingdom (England specifically if that makes a difference).
I have a contract I want to make for a web design job and I have created a contract that lays out the ...
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1answer
35 views
Real estate listing agreement legal wording question
This is a Georgia association of realtors Form 201, "exclusive seller listing agreement". I have cropped the part about commission. My question is part c. at the very bottom of the attached image.
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79 views
Stop paying for service after company refuse to end contact even on valid ground
So I signup for a service with a 1-year contract. After a year the contact would be renewed on a month to month basis with 1-month notice to terminate the service. I have contacted the company and ...
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2answers
70 views
Affidavit as an eviction notice
This is a question exploring a solution to this situation Curious case of real-estate transaction with predatory tenants
A seller has entered an agreement with a buyer in the jurisdiction of Nova ...
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1answer
16 views
Differences between Damages and Quantum
A Dictionary of Law (9 ed. 2018). Edited by Jonathan Law.
Quantum
quantum n. (of damages)
The amount of money awarded by way of damages.
Damages
damages pl. n.
A sum of money awarded ...
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193 views
An (undetermined) fraud in the terms of use
Before asking this question, I should say some words. Because this question seems similar to another question I asked, I worry someone may mark this as a duplicate without understanding - In fact, ...
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1answer
99 views
Breach of contract dismissed with prejudice, no burden of proof
This is a breach of contract case. I had all of the material fact, evidence, and memos in support totaling over 500 pages. The defendant clearly stated during depositions that he bought the business. ...
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1answer
65 views
Court Decisions where Ethereum Blockchain was used to determine a verdict
I asked on https://ethereum.stackexchange.com/, and was directed here.
Where can I find actual cases where Blockchain (particularly Ethereum Blockchain) was used in a case, or better yet, decided the ...
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1answer
47 views
Legal Action regarding the position that you agreed in contract is not the same with your current position
When I signed the contract to my employer, it’s indicated that the position I applied for is just a software developer/analyst but I found out that they Introduced me as a Team Lead already that’s why ...
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4answers
9k views
Threatening to discontinue a service for a client
Say someone advertises for their website and says "Its 100% free to sign up" then have them check a checkbox acknowledging that the owner of the site can cancel the service for any reason when they ...
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1answer
16 views
Why did EWCA conclude that Gilchrist Vending v Sedley Hotel Ltd consisted with the principle that nominal consideration sufficed?
I'm asking about the red underline. John D McCamus. The Law of Contracts (2012 2 ed). p. 229
Mountford & Anor v Scott [1974] EWCA Civ 10 (17 October 1974)
The third ground of attack on the ...
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3answers
10k views
Mistakenly agreed with a scammer’s term of use
R.f. scam
Say, someone was scammed by a false online bitcoin mining service. He invested some money to buy the scammer’s service, the service was said to produce bitcoins online at a very fast speed ...
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1answer
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Meaning – relevant clauses contained a carve out in the event of fraud
Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 356.
Application [of Contracts (Rights of Third Parties) Act 1999] to case law
The first reported case on the Act, Nisshin ...
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What are 'defensive’ rights under an exclusion clause?
Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 356.
Application [of Contracts (Rights of Third Parties) Act 1999] to case law
The first reported case on the Act, Nisshin ...
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0answers
7 views
What does 'a third party takes the benefit of rights' mean?
Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 356.
Application [of The Contracts (Rights of Third Parties) Act 1999] to case law
The first reported case on the Act, ...
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0answers
10 views
Why did McAlpine (M) sue under the main contract between M and Panatown, rather than under the duty of care deed between M and UIPL?
Richard and Damian Taylor. Contract Law Directions (2019 7 ed). BAILII has Alfred McAlpine Construction Limited v. Panatown Limited [2000] UKHL 43. p 349.
Benefits in construction contracts
...
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1answer
44 views
If D leases a house to C for C's promise to renovate it personally, why can't D get specific performance of C's obligation?
Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 337.
The question has arisen whether mutuality needs to have been present from the outset—from
the time of entering into the ...
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2answers
45 views
How can loss be difficult to quantify, but be a familiar type for which damages are frequently awarded?
Richard and Damian Taylor. Contract Law Directions (2019 7 ed). pp. 318-319.
As to the application of the law to the facts of the case Lord Reed continued by saying, at
paras [98]–[99]:
I now ...
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2answers
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Would a hypothetical anonymous musical be artist in violation of Spotify's Terms of Service?
In Spotify's Terms of Service (specifically, Section 8: User guidelines, Statement #8.22 of https://www.spotify.com/us/legal/spotify-for-artists-terms-and-conditions/), Spotify states that in ...
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0answers
61 views
What is the legality behind landlords throwing away tenants belongings UK?
Me and my housemates have started having issues with our landlords, where they will dispose of any utensils left on the kitchen worktop or in cupboards without being cleaned. Before moving into the ...
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3answers
45 views
Signing a contract where some agreement is mentioned but not disclosed?
I got a termination contract that should be signed by 3 parties - me and 2 others. Basically, it is about the termination of initial contract. Thing is some specific agreement with id number is ...
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2answers
35 views
Damages when third party contractual obligations prevent mitigation
In the SCO v Linux fisco SCO argued:
sure, ordinarily we'd mitigate damages by telling the Linux kernel programmers what the infringing code was so the infringing code could be removed, but ...
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1answer
40 views
Buying a business in Germany
Therr is Person A with SoleTraderCompA
and person B with no company.
Person A wants to sell to B,
B wants to buy.
Both residents of Germany.
How can this be processed?
Transfer obligations etc.
...
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1answer
39 views
Question about employment contract
I was asked to agree to the following employment agreement and I have concerns:
I acknowledge that all of my work product, including materials, ideas, and other property, whether or not copyrightable, ...
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2answers
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Given the doctrine of Contra proferentem wouldn't it be better for the non-drafting party to not point out ambiguity?
This question is a follow up to If a party says something about interpretation of contract, is it binding? Since courts usually interpret an ambiguous term in the favor of the party that did not draft ...
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Must one accept an offer to fix a defect before suing for damages
A building contractor was hired to do certain work. The contract stipulated that the contractor would be paid in full once the work is successfully inspected by the city building compliance inspector. ...
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2answers
63 views
Does company have the right to purchase my vested shares after I quit?
Here's some context in case it's relevant. I worked at a startup which issued shares (not options) to employees. A good chunk of my shares have vested over the 4-year vesting period. I have ...
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1answer
53 views
Can class action lawsuits be filed against game developers that release broken games?
When game developers release games that are unplayable at launch, are there any applicable laws that protect the consumers that paid for the game?
Most recently, Rockstar Games released Red Dead ...
5
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1answer
795 views
Can a landlord ask a tenant to sign an addendum to the lease that changes the terms of the first lease?
If a landlord asks a tenant who signed a 12 month lease to sign an addendum after they have already moved in that changes the terms of the lease to move out within 3 months of the landlord's death, ...
5
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2answers
561 views
HR wants me to sign a confidentiality on something I reported. How big is the scope of the agreement?
Basically what happened is a coworker made a false statement about me, relating to my work, on Social Media. I reported it to HR. HR wants me to sign the following. I'm concerned with how broad and ...
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3answers
60 views
Understanding incentive stock options in a consulting contract for a startup
I have a verbal agreement with a pre-seed startup to do some work for them on a part-time, consulting basis. We had agreed to some cash and a specific equity percentage and vesting schedule (x% over y ...
2
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1answer
163 views
We sold a salvage car as-is. The buyer can't get it Titled. Do we have to fix it?
We recently sold a car that we weren't aware there was a salvage title on. The money has already been exchanged and the title signed over to them. The buyers, discovering its salvage status, are now ...
