Questions tagged [contract-law]
For questions about laws related to contracts, an agreement between two or more parties.
1,836
questions
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If a stakeholder steals escrow/deposit in land sale contract, is the seller obligated to refund the deposit?
In a more drastic case, if in a Sale and Purchase Agreement, the vendor authorizes the purchaser's solicitor as the escrow/stakeholder to receive not just the deposit but the purchase price on his ...
15
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7answers
8k views
Is lying on a survey illegal?
If a survey is being done, either for scientific purposes or to collect information inside a workplace, is it legal to lie in it? For example if the workplace wants to know how many employees have ...
0
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2answers
69 views
When does an agreement start and end? I need a definition of 2 weeks deadline in UK law
I have entered into a (UK) agreement. It is incumbent on me to notify the other party of an outcome after which time the extension of time runs for 2 weeks. It states elsewhere in the agreement that ...
0
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1answer
37 views
Why do governing law clauses sometimes specify the country?
In Governing Law clauses, why do they sometimes specify the federal law as well as the state/provincial law? Isn't it redundant?
For example
This Agreement will be governed by and construed in ...
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0answers
49 views
Question about items left after a home sale
So I did a bit of research that anything that is stated in the contract are to be left to the buyer and that fixtures are also left to the buyer regardless of it being in the contract. My question is ...
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3answers
44 views
Offerror/Offeree vs. Promisee/Promisor?
Davies. JC Smith's The Law of Contract (2021 3 ed). p. 478 is part of the Glossary.
Obligee a party to whom an obligation is owed.
Obligor a party who owes an obligation.
Offeree a party ...
2
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1answer
38 views
Can California water districts legally use EPA water budgets?
My water district is using EPA's ETo (evapotranspiration) concept to set water budgets for retail billing. ETo is higher during hot and dry months. My water district is multiplying ETo by landscape ...
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1answer
170 views
Is it legal for Steam to disable content on my PC?
Some time ago I've downloaded the Demo for the game "Observer" on the Steam platform. I didn't play it immediately though. A few weeks ago I wanted to give it a try and was shocked to find a ...
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1answer
60 views
Dealership change the ARP
I purchase a 2021 Chevy Suburban from a Dealership, my contract was with one bank, when it was time to pay my first payment another bank had the loan. I didn't notice that ARP was change until my ...
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1answer
65 views
Why are service or maintenance contracts called 'warranties', when they legally aren't warranties?
The expression 'warranty' legally signifies? Please select all that apply.
a term of a contract as opposed to a representation.
The term 'warranty' is used to distinguish between a term (warranty) ...
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0answers
70 views
What happens if other contractors also agree to accept a lower sum in full satisfaction of their own debts? [closed]
The rule in Pinnel's Case 5 Co Rep 117a and confirmed in Foakes v Beer (1884) 9 App Cas 605 limits the ability to extinguish existing debts unless you paid in full. Footnote 7 below alleges an ...
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1answer
102 views
Do I have to let Buyer in after disclosing new defects?
I disclosed new defects to the buyer along with a inspector's estimate after he removed the inspection contingency. He wants to bring in his inspectors to inspect these defects. The new defects ...
2
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1answer
92 views
Are “To the maximum extent as permissible under law” exemption clauses too uncertain and litigation-prone?
This clause is from a commercial landlord's offer in England. Isn't it too disputable and vague?? Firstly, it wrongly assumes that the "law" on exclusion clauses is settled and certain. ...
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0answers
39 views
Puppy store contract conflict [duplicate]
I bought a puppy and signed a contract with the store. I realized I never got a copy of the contract because I was so excited to just take it home. I called once already and asked if I could get a ...
1
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1answer
89 views
Does this non-compete clause basically mean the signer can't work in a similar job for 6 months after quitting?
In a non-solicitation contract there is a section that reads as follows. Does this bar the signer from working in information technology sector for 6 months? Put simply, does this means he would have ...
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0answers
89 views
How would an English judge expect Andrea to have positively withdrawn her advertised offer?
I don't understand the emboldened sentence below. Does it mean that after B phones A at 10 AM, but before 11 AM, A should've withdrawn A's ad? What exactly would an English judge require Andrea to do?
...
3
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1answer
80 views
Length of a contract limited or not?
Is there any limit to the length of a contract ? Can someone sign a 10000 page long contract that would basically take years to interpret with some repeating but relevant clauses .
Example : a ...
22
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4answers
8k views
Would a contract to pay a trillion dollars in damages be valid?
Let's say you write a contract with someone, and you want to make sure they don't breach it. You could just have them covenant certain things, but then they'd only be liable for whatever damages you ...
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2answers
98 views
New defects after buyer removes inspection contingency
The buyer has removed all his contingencies and so he doesn't have any way to back out without losing his earnest deposit money. Unfortunately, I later found out that there are some defects such as a ...
0
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1answer
105 views
I told my friend I'd give him £10 in Bitcoin for their birthday 5 years ago but never did. Am I liable for £0, £10 or £1000?
Two questions.
Firstly, is it enforceable.
Secondly, if it were, would I owe £10 in Bitcoin now, or the amount of Bitcoin at the date £10 would get you 5 years ago?
I believe I've answered the first ...
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2answers
49 views
Is a contract valid on its “expiration date”
I'm attempting to parse a US contract that states that its "expiration date" is 20th March 2021.
Ideally the contract itself would specify explicitly that either:
the expiration date is the ...
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2answers
56 views
If a contract states “Not a Works for Hire” does the author (programmer) own the IP?
I have been reading about programmers' (authors) rights/ownership of IP based on whether a contract specified (and both sides agreed) whether or not the work performed was a work for hire. In cases ...
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1answer
48 views
Question about notice to perform (buyer/seller) [closed]
I've told my agent, who is a dual agent for me and the buyer, to send a 2-day notice to buyer to perform. My agent said it was delivered on Saturday. I believe this would mean that Monday night would ...
0
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2answers
119 views
What if I don't pay the deposit of a rental contract?
Here is the situation:
I've just moved to a new flat in Germany, and my contract states that I need to pay a certain amount of deposit to my landlord. However, I really didn't like the flat from the ...
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2answers
90 views
Have brokerages like Robinhood broken contracts with their customers by refusing to execute orders?
The following question is related to this one. However, my question regards the contractual duty whilst the linked one considers the brokerage's obligation to the state.
Some brokerage firms like ...
2
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1answer
45 views
What is the extent of this “invention” clause in this contract?
OWNERSHIP OF WORK PRODUCT, IDEAS, INVENTIONS, DISCOVERIES AND TRADEMARKS
I shall promptly disclose to (COMPANY) all ideas, inventions or
discoveries, whether or not patentable, which I may conceive or ...
0
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1answer
130 views
Is the no shop agreement before joining a company is legal?
I have been interviewed and selected by a company , let's name it "XYZ Consultant". I accepted the job offer from them. They asked me to accept a "No-Shop Agreement" over email ...
0
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1answer
51 views
What happens when a contract was signed but a party can't fullfill their obligations due to circumstances outside their control (COVID) [duplicate]
I signed a contract with a venue for a 150 person wedding. Due to COVID, that is now impossible and illegal in the state of California. Being that the venue cannot guarantee that we could proceed ...
0
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0answers
42 views
divorce contract vs tax law
My (PA) divorce contract states that a benefit (child or education credit) one of us receives from claiming a dependent will be shared. Under the tax law, my ex does not qualify to receive the credit ...
2
votes
2answers
120 views
Buy a computer/phone from Apple, disagree to the terms of service after purchase; what's the legal perspective
My question and premise are very simple, but the legal perspectives on the answer are unclear to me.
A person purchases an Apple computer/phone product directly from Apple (any device requiring ...
0
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0answers
14 views
Law 553-FL-ARB contract
Me and my grandpa signed this simple finance contract just yesterday, but what we didn’t notice was so many sheets that we signed that weren’t really pointed out, I know this is not something the ...
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1answer
39 views
Should i sign a contract agreeing with an economical offer to work for a company before the last interview? [closed]
I am doing an interview process with a company and and they want me to sign a contract which says that i agree with their economical offer before i do the final round of interviews, i am thinking that ...
5
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1answer
124 views
Being Billed for Services Not Rendered During Lockdown (UK, 2020)
My accommodation for the 2019/20 academic year included certain housekeeping benefits---these are in-built into the price, not billed separately.
The exactly details are not so important, but the UK ...
3
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1answer
503 views
Can a breach of contract lead to a lack of “personal jurisdiction?”
Plaintiff and defendant sign a contract. Plaintiff then sues defendant in say, New York state, for breach of contract. Defendant (a corporation) claims it never did business in New York state, and ...
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1answer
57 views
How to write your own legally binding will [closed]
As a laymen, without seeking a professional lawyer.
How can one write a will that is legally binding and will be respected after your death.
I know you need witnesses. Maybe even a notary would be ...
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2answers
179 views
Why might a landlord spend so much time at the house they're renting? How do I resolve this?
Just moved into a new place... renting a single room with three other guys each renting their own rooms. Ive been here a month; they've been here for significantly longer.
The landlord spends far too ...
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1answer
55 views
May an employer legally terminate a contract, should the planned funding supporting that contract cease to exist?
A Canadian university issues job offers for its post-doctoral fellows according to a template in which one reads:
This appointment is a term appointment from [date] to [date], and is
funded, at least ...
1
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1answer
53 views
Can the “Pandemic” be considered “not occasioned by the conduct of the (business)” and considered not reasonably remedied?
In my contract it reads "In the event that (business name) is unable to perform any of it's obligations under this Agreement due to any occurrence whether or not occasioned by the conduct of (...
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1answer
68 views
Tricky Upwork client with additional contract [closed]
I have problem with client on Upwork.
Before starting contract client asked me to sign "statement of the work" which described detailed TODO's and milestones (with no due date and only with ...
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votes
2answers
49 views
Why call a Contract an “Agreement”?
In my personal contract, just "Agreement" appears, never "Contract". For another example, see p 62 in Lessons for Baby Sharks: The Essential Guide to Thriving as a New Lawyer (2016 ...
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1answer
43 views
Document says “A and B” have some authority — does that require unanimity or not?
If a governing document says that "A and B" have the power to act on behalf of Company X, does that mean that both A AND B have to sign e.g. a contract to bind the company? Or does it mean ...
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1answer
117 views
My SO purchased an extended warranty and I need advice on our legal standing [closed]
My girlfriend recently bought a brand new 2020 KIA Stinger from Koons KIA in VA. We are located in PA and have thus taken the car to a local KIA dealer.
Unfortunately, she purchased an extended ...
2
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2answers
35 views
Can a company bind an “affiliated” company in a contract if the term is used 1) improperly and 2) properly?
Normally, an affiliate is a company in which another company or entity has a minority interest. (This is different from a subsidiary, in which a company has more than 50% control.) Under those ...
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1answer
18 views
How does a subsidiary “upstream” a contract in the following scenario?
Company B is an 80%-owned subsidiary of Company A. Company B has just signed a contract with Company C. Company A wants the contract (its rights and obligations) for itself.
Can Company A acquire the ...
2
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2answers
107 views
Is arousal a recognized form of duress?
Is sexual arousal a legally recognized form of duress?
For example, if someone were to enter into a written agreement with a lover, could they later make a valid claim that they were under duress ...
0
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1answer
44 views
Definition of “relative” in UK contract law
I have a contract that requires a witness signature. The witness cannot be a relative.
At what point are two individuals not considered relatives? For example, could my third-cousin be my witness? i.e....
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1answer
226 views
Why isn't infidelity considered a tort during divorce settlements?
I've always had the impression that the law is there to be fair and protect a disadvantaged party.
Let's say a partner in a marriage falls in love with someone else and divorces their current spouse. ...
3
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3answers
130 views
Is an email legally binding for booking an apartment in Germany?
I am a visiting scientist in Heidelberg, Germany. I was unsuccessful in my search for a private apartment in town so I made a reservation request with the University guest house. They sent me a ...
0
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1answer
60 views
Liability for hyperlinking
Is there any jurisdiction which holds a website liable for policies of another website for hyperlinking to that website.Liability refers to any requirement like tracking number of link clicks or ...
2
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1answer
41 views
Is it standard to have “subsequent employment” clause when signing a NDA/IAA for a freelance project? And is it enforceable in New York?
I am considering doing a freelance project but the prospective client want me to sign a IAA which has a clause that reads:
"Subsequent Employment. In consideration of the Company's promises ...
