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Questions tagged [contract-law]

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

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7 views

Implied-in-Law vs Quasi Contract

Based on my understanding an implied-in-fact contract is one where a moving party acts to benefit the responding party, and where the responding party was aware of the expectation of the moving party ...
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31 views

Are recorded conversations regarded as legally binding contracts?

Situation: there is a cell phone account in my sister's name. However, she does not use any of the lines, and she does not pay for it (payment comes out of my personal credit card automatically). I ...
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3answers
67 views

Employee Stock Ownership as long as Employee Stays in the Company, What Kind of Nonsense is This?

Recently a friend of mine has received a stock buy offer from its company. The company offered to sell a specific amount of the company shares with a nice discount rate, because he was in a critical ...
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72 views

USA apartment rent application: is it legal to require employment?

When applying to rent an apartment in any state of the USA, is there any federal regulation that prevents the landlord from requiring the applicant to provide a proof of past/present employment, while ...
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1answer
67 views

A Contract change filled with Penalty Fees

I (The Contractor) have a Services Contract with a company (The Company). Working together more than 2 years, in a very non traditional, hard to replace service, now they are restructuring their ...
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46 views

Marriage law or Engagement

Our lecturer asked that we should answer the question,;whether a marriage is a contract or not. Making reference to Africa Vs Class Peters
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2answers
46 views

Introduction to business law

In business law our lecturer asked,; Who pays for a good damaged after a customer selects items from a shop or super market to buy,is it the customer or the owner of the business He therefore ask the ...
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1answer
37 views

Usage: “Error of Fact”

If a contractor asserts a series of false statement in a record, whether it is mistaken or intentional, is it incorrect to label the group of false statements "Error(s) of fact"? Upon looking up an ...
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32 views

Cancellation of broadband contract?

I am having problems with my broadband service provider (talk talk), it has been now 2 weeks since I started having intermitent connection issues, low speeds and it is really frustrating that by the ...
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3answers
4k views

How can a company compel a W2 employee to sign a non-compete agreement?

Assume the company is in Delaware and been taken over by a larger corporation: If one already has the job, is it possible to for the larger corporation to compel existing employees to sign non-compete ...
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15 views

Legal Competency of a Minor For Arizona LLC

In Arizona, United States, can a minor, as a member (perhaps, sole member) of a Limited Liability Compancy (LLC), enter into a legal binding agreement on behalf of the company? Arizona appears to ...
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2answers
31 views

Hold Harmless-Want on half of LLC and NOT self

I recently applied to a position to teach yoga, as an independent contractor. I have formed an LLC, and now the gym would like me to sign a hold harmless agreement. I want to make sure the LLC is ...
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2answers
65 views

Why is it common for settlment agreements to be confidential?

I've noticed a lot of settlement agreements have confidentiality clauses, stating that the terms and facts of the settlement agreement can't be disclosed. Why would someone want to do this? It seems ...
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1answer
48 views

Declining Binding Arbitration of credit cards and banks (after sign up)

Recently Chase was making a change to its user agreement and was automatically assuming your consent to abide by binding arbitration unless you opted out explicitly by sending them a snail mail with a ...
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21 views

Does an indemnification agreement saying it was not induced by improper conduct make sense?

I am a beneficiary of a family trust, being forced to sign an indemnification agreement, similar to the situation described in Why California codified "A trustee may not require a beneficiary to ...
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3answers
91 views

If party doesn't do what's agreed in settlement, can you sue again or is enforcement the only option?

I filed a dispute with the Civil Resolution Tribunal (CRT). A settlement was reached. Two terms of the settlement were the defendant will make available my property for me to pickup parties agree ...
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10 views

Is it ok to sign stock power before payment?

I'm selling some restricted company stock. The company will confirm from me about the payment and then only transfer ownership to the buyer. There are 2 documents I've been asked to sign by the ...
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2answers
70 views

What is my relationship with a service company contracted by my insurance company?

I am wondering about the legal terminologies that define a relationship that I have with a service company. Some maintenance work was needed for several appliances at my home, so I contacted my ...
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2answers
56 views

What is the correct way of discharging contract when parties can't agree on shipping?

When selling stuff on TradeMe, one way of specifying shipping options is "To be arranged". That is, seller can skip researching shipping options/costs and only worry about it once the item is ...
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1answer
47 views

Independent contractor, feeling like an employee - Will California's AB5 change my classification?

I have been an independent contractor in California for a number of years with a business. Some of my tasks include graphic design, ad creation and management, search engine optimization, product ...
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3answers
6k views

Can a business put a specific cancel-by date into a contract?

I attended a gym in Michigan and canceled my membership on 8/28/19. I paid month to month and was under no long term contract. Even though I moved and haven't visited the gym since 8/17/19, I'm being ...
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1answer
35 views

Teacher license laws

As a teacher, am I bound to a 30-day notice if I never have signed a contract for the past 3 years for the position I am currently working? I have another job offer which requires me to give a 2-week ...
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1answer
24 views

LLC change contract dispute

We entered into a work contract with an outside contractor who has not completed their scope of work but want compensation. The contract was written with our old LLC name which is no longer active. We ...
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2answers
41 views

How do I write an agreement between a token issuer and token bearer?

I'm making a decetralized blockchain app that lets users create tokens and sell them to other users with the agreement that the issuer will repurchase the tokens at the bearers demand. So its pretty ...
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1answer
14 views

Is it possible word a contract such that it brings in all the features of registering a company?

I've just understood the concept of writing a contract. It is just an agreement between two people written on the paper and signed by all the parties involved. So, if it is possible to write contracts,...
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1answer
107 views

If someone sent me a gift in exchange for a favor and I did said favor can I be required to return the gift?

A friend recently mailed me an X-Box One and a Samsung Galaxy S10 in the condition that I complete Nightwave Season 2 for them in a PlayStation Network Video Game known as Warframe. So I did log on ...
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44 views

Solemnization of a marriage

In a marriage license, there is a section in which witnesses write their signatures and verify that such a marriage has taken place in their presence. Is it true to say,” I was a witness to ...
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1answer
36 views

Initialed items on contract

Customer signed the contract and initialed the line items where indicated. After customer left employee realized contract didn’t print and hit print again; when printed the initialed items did not ...
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2answers
161 views

False employment promise

I entered into a program which comprised of going to a specific trade school with an explicit promise of a one year paid apprenticeship upon successful completion. At the end of the program, I was ...
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2answers
95 views

How to say “ entangled parking space”?

As an official translator, I need to be loyal to the text in such a manner that no words are omitted. In translation of title deeds there’s a section which specifies the metes and bounds of the ...
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33 views

Is an agreement made through WeChat enforceable? [duplicate]

If and counterparty and I agree to a contract through WeChat, is that contract enforceable?
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1answer
60 views

What rights do I have as a tenant of a rental property if the property is condemnable?

My boyfriend and I are currently renting a room from a friend. The friends is the only one on the lease, and the house is in very bad shape. There has been a plumbing issue for years, but instead of ...
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1answer
97 views

Missed to reply notice

Somebody sued me for breach of contract. The case is in circuit court. The judge gave a trial date. However, plaintiff sent me an updated complaint copy after that. I thought it's just an update. I ...
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1answer
20 views

Requirements for assignment of debt or benefits of contract to a third party, in UK law

My question is, what is required under UK law to assign the benefit of a debt or small contract, to a third party. Although it relates to an actual dispute, the question itself is simply about legal ...
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3answers
38 views

question regarding contractual liability

suppose company A gets raw material from company B to produce final product which is to be delivered to the company C by company A. if company B fails to provide material because of which company A ...
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39 views

What does “exclusion of the defence of continuation of the offence” mean?

Could you please explain what this clause (from an employment contract) might mean: For every case of culpable violation of the obligation of confidentiality stipulated in section xx, the ...
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2answers
108 views

Is it advisable for a person write his own contract if he is good in english but don't know legal jargon?

A lawyer scared me by saying, yes you can right your own contract but chances are most of your clauses won't hold in court cause you don't know legal jargon. However, I know english and my english is ...
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3answers
3k views

How to interpret or parse this confusing 'NOT' and 'AND' legal clause

In the following legal clause: They shall not confer the right to attend any meeting of members and to exercise one vote for every share held. Does the NOT negates both ANDs as in: They shall ...
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3answers
169 views

Can a company insist that contract terminations be done over the phone?

This article in The Guardian says: Virgin Media is one of those companies – Sky is another – that insist customers terminate their contracts verbally, rather than by email or letter. It is very ...
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0answers
36 views

Evidentiary presumptions of gratuitous labor from family caregivers, varying by state?

Quoting from Claims Against an Estate for Care Rendered to a Decedent: Many states have an evidentiary rebuttable presumption that services rendered to a family member are gratuitous in nature, so ...
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1answer
93 views

Should I be worried about an illegal statement from my landlord?

In a letter I received when moving into a new apartment (which mostly covered standard move-in logistics) my landlord wrote that there would be a late fee imposed if rent was received more than 5 ...
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1answer
22 views

Who approves the creation of new shares in a Proprietary Limited Company?

I'm struggling to find a concrete answer for this. Who approves the creation of new shares in a Proprietary Limited Company? Is it the Board of Directors (through board resolution), or Shareholders (...
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2answers
33 views

What does 'The Company' refer to in this proprietary ltmited company constitution?

I'm trying to understand who has the right to issue new shares in my proprietary limited company (wherther through board or general resolution). I found the following clause in the constitution: ...
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0answers
37 views

Can Cloudflare override ICANN's Registrar Accreditation Agreement through a user agreement?

I moved a domain name over Cloudflare's registrar recently, and when inquiring whether I could change the nameservers to point to a third-party host, I was pointed towards a specific part of their ...
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1answer
6k views

What's the difference between a share and a stock?

In my company constitution I found the following: At any time, the directors may allot and issue unissued shares subject to clause 8, or grant options over unissued shares, on any condition and ...
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2answers
124 views

Are perpetual contracts enforceable?

Contracts generally have terminations clauses allowing either party to eventually end the obligation imposed on them by a contract. E.g. the buyer may have to notify the seller of termination in ...
4
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1answer
652 views

What laws protect minority share holders from having their share rights changed by special resolution?

A special resolution done by majority share holders can simply change the rights of certain shares and make them useless. They can reduce the share's voting rights or reduce dividend payment.
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1answer
108 views

Wag! Terms of Service

Wag! is an app for dog sitting services. According to their terms, once you get acquainted with a pet care provider through Wag! platform, you cannot obtain for life pet care services from the dog ...