Questions tagged [contract-law]

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

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1answer
909 views

Talent consent withdrawal in film in Europe

Consider the following scenario of right to erasure in film-making in Europe. Person A makes amateur live-action films, for example theater performances. Person B is in one of those performances and ...
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2answers
28 views

Do Revenue Sharing Agreements Carry on when the company is sold?

I've had an agreement with the Virginia company I work for to receive 1% of the generated revenue on a monthly basis. Of course that was after a long time of me being with the company (the bulk of my ...
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1answer
90 views

Why doesn't s.65 Consumer Rights Act 2015 bar grocery staff from excluding their liability for killing my horse?

Here are the facts of my case. P (Plaintiff) rides her horse into town. P decides to stop at D’s (Defendant) grocery store. In D’s car park she ties the horse to a pole, where there is also a ...
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2answers
93 views

If a second builder completes a house at higher cost, why would this affect your claim for damages against the first builder?

Here are the facts of a problem question, created by my law teacher. B1 (Builder 1) had agreed to build four backyard micro-cabins for P (Plaintiff), a developer, at a cost of £5 each. It was agreed ...
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0answers
15 views

What does item 9.6 in the ebay Developer's Program Licence mean?

I was reading over the license found here, and I saw this statement that was confusing to me: 9. RESTRICTED ACTIVITIES ... 9.6 Use eBay Content, either alone or in combination with third-party ...
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2answers
45 views

If a rogue signed a written “Sale Note” with the original owner, then how can a contract between O and R be oral?

How can the contract between O and R be oral??? How's this question "deliberately ambiguous on whether the contract is oral or written"? Even if O and R negotiated the sale orally, R signed ...
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1answer
29 views

How can consideration be past when the offeror demanded a price, and all discussion of consideration precedes the contract signing?

How does the issue of past consideration arise at all? I'm relying on the paragraphs chronologically. Obviously P's acceptance (see bold below) precedes 'P and D signed a contract'. Then any ...
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0answers
7 views

Would it be a bad idea to ask for a copy of all contracts that I signed from my former employer? [migrated]

We parted on bad terms. I'm afraid to ask for copies, because such a request might spook them. On the other hand, asking for copies shows that I am making a good faith effort to comply with my ...
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3answers
178 views

What is the principle that children can consent to other children of the same age, but not to an adult, called?

Two three year old children that agree on "playing doctor" and examining each others bodies, including genitalia are not committing a crime (but if one three year old child forces another ...
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1answer
71 views

Can you have contract involving Child Support?

I know that it is not possible to have a contract (whether within prenup or separate from it) that dictates the terms of Child Custody or Child Support. But can you have a contract that depends on the ...
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1answer
35 views

Contract termination in distrokid - [closed]

It looks like from the big four (ditto, distrokid, tunecore and cdbaby) the only ones that do not want my rights forever (irrevocably) are distrokid and cdbaby (for more information have a look at my ...
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2answers
118 views

Is a contract allowed to have illegal / unenforceable clauses?

My understand of contract law in general, is that an illegal or unenforceable clause does not render the whole contract void, but rather that specific clause is essentially stricken out, as if it did ...
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1answer
44 views

Used Farm Equipment Contract Performance / Fraud Suites

This question is in regard to a would-be purchaser's ability to sue for contract performance and/or damages when purchasing equipment and the dealership sells something they don't have the ability to ...
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1answer
41 views

Do I grant ditto (music distributer) a free license?

I am looking into the ditto agreement (a music distribution service that puts my music on spotify) and there is the following section in it: You agree that the licenses you grant are royalty-free, ...
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1answer
30 views

Leasing of community land

With the spirit of protecting community lands from private investors and other government actors, The Kenyan Constitution (2010) demanded for a community land law. This law was formulated in 2016 as ...
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2answers
74 views

What legal rights does ownership of music grant me?

I am looking into music distribution service called TuneCore and can see the following in the terms of music distribution: (b) By clicking the “I Agree” button, you irrevocably grant to Company, ...
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0answers
26 views

How could one form a contractual NDA within an employer funded redundancy program [closed]

I am being made redundant, and as part of that process I am being offered training, including a significant amount of 1 to 1 coaching. The coaches are paid by the company, and have no contractual ...
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2answers
41 views

Is a job offer letter sent and accepted by email legally binding?

I am considering accepting this job offer but am in the interview process with another company that I should hear back from soon. This current offer is for a 3-month contract and the one I am waiting ...
0
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2answers
48 views

How much from the trial is won/lost by the contract itself?

A while ago I heard in a YouTube clip (I think it was from Legal Eagle channel) something like "95% of the contract disputes are won/lost directly by the contract itself"; unfortunately I ...
1
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1answer
80 views

Can a company claim they acted in good faith in this situation?

Let's assume that Hacker Corp. offers a penetration testing service to other businesses, and ACME Corp. contacts Hacker Corp. to conduct a penetration test for some internal testing. Hacker Corp. ...
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1answer
28 views

Written promise pre-purchase vs signed agreement, what's stronger?

Imagine the following situation: A customer of a relatively high cost service asks a supplier for a full refund option bound to a specific condition that may or may not occur later in the process. The ...
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0answers
38 views

Can verbal statements and advertising literature be considered in addition to a written contract during dispute?

I was wondering if there is precedent for aspects such as advertising literature and verbal statements being considered in a contract dispute, even if not included in writing? To give a specific ...
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5answers
306 views

Can a rental car company require you to forfeit your right to fight a fine?

While driving a rental car recently (rented and driven in Florida), I rubbed a traffic camera the wrong way and received a fine. I was only told about the fine in a letter weeks after returning the ...
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1answer
30 views

Kinds of improper wordings or self-conflicting terms which can undermine the effect of an agreement

When there’re improper wordings or self-conflicting terms in an agreement, what factors should be considered to determine whether the effect of the agreement is undermined? For example: A tenancy ...
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1answer
179 views

Is “canceling” people tortious interference?

Is "canceling" people tortious interference? As a concrete example, Richard Stallman (RMS) is/was employed by the Free Software Foundation (FSF), MIT and other organizations. He voiced ...
1
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1answer
89 views

Must there be a limit on late fees?

Generally speaking must late fees have some sort of cap or limit? For example if it were the libraries policy could they really charge $100 per day for unreturned books? A more realistic example, ...
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1answer
62 views

When are “entire agreement” clauses invalid?

Contracts often include an "entire agreement" clause (a.k.a. "integration" or "merger" clause) like this: This contract contains the final and entire agreement and ...
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1answer
27 views

Instituting a suit in another jurisdiction

Can I institute a lawsuit in the US where both parties live, but for a contract of sale of real estate signed in a foreign country by representatives of the parties living in the U.S.?
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0answers
64 views

What tests would apply to a claim of “Force Majeure” / “Act of God”? [duplicate]

Question Is there a legal test or standard that would apply to help figure out if Force Majeure applies or not? A test that would determine if a company is trying to escape an unfortunate contract out ...
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1answer
138 views

Accountability for Attorneys - does it exist? [closed]

I’ve had a number of initial consultations with various attorneys for estate planning and entity structuring, and almost every one of the opinions I’ve heard is different and often contradictory. If I ...
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1answer
98 views

What if you made the fine print of a contract too small to read?

I was talking with a friend the other day and they asked me what would happen if you made the fine print of a legally binding contract too small to read? Would the person who signed it be able to sue ...
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1answer
84 views

Fighting customer service abuse

Large corporation A has contractual obligations to provide customer service by phone. By hiring many people to continuously make fake phone calls and jam up the company's phone lines, a third party ...
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0answers
46 views

Airline downgrade rights and compensation

Based on the close votes, I'm rephrasing the question to make it more general and less specific to my case How can one calculate compensation amount for a airline downgrade and what laws/rules etc. ...
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1answer
72 views

Can California water districts legally use proprietary water budget formulas?

My water district is using EPA's ETo (evapotranspiration) concept to set water budgets for retail billing. When water usage exceeds 2 x ETo x landscape area in a given month, then the HCF unit price ...
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4answers
136 views

How can an un-enforce-able contract still be valid?

I don't understand how a contract can be UN-enforce-able, but still valid? Doesn't "uN-enforce-able" mean "invalid"? Presuppose that your surgeon doesn't email with patients, you ...
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2answers
75 views

Why doesn't Commonwealth law routinely use Acceptee, like Offeror?

The Oxford English Dictionary recognizes acceptee. As the jurisprudes here know, Acceptee differs from Offeror, because offers don't have to be accepted. If you want to distinguish an accepted (from ...
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1answer
66 views

What does it mean to grant rescission on terms?

Kindly see the embolded phrase below. 18.5 Remedy There is no tort of undue influence. As a result, C cannot recover damages from D if a claim in undue influence is successful. This is sometimes ...
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1answer
50 views

How does a 15% discount on a car's price evidence reasonableness of an exemption clause?

I don't understand how a 15% discount on the car's price "favour[s] DM". It DISfavours DM because it reduces DM's profit! Anyways, I don't understand how it points "to the ...
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1answer
22 views

Foreclosure on Deed of Trust securing a non-monetary obligation

When a deed of trust is made to secure the trustor's performance of a contractual obligation, how does the beneficiary go about foreclosing on it? When the obligation is just a monetary debt, the ...
4
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2answers
157 views

Is a contract enforceable if one party can’t keep a copy?

Suppose parties A and B are signing a contract that incorporates by reference a confidential document belonging to A. Party B agrees to a non-disclosure agreement which disallows B from viewing or ...
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1answer
43 views

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 ...
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7answers
9k 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 ...
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2answers
81 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 ...
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1answer
39 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
52 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
92 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
47 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 ...
1
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1answer
185 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 ...
1
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1answer
61 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
72 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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