Questions tagged [contract-law]
For questions about laws related to contracts, an agreement between two or more parties.
1,554
questions
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1answer
19 views
Agreement/Contract for sharing revenue from mobile app
One LLC (company A) building a mobile application for another LLC (company B).
We agreed that company B does not pay me anything to company A but they will share revenue – 50/50 from ads and in-app ...
0
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2answers
48 views
What is the term for the human behavior of not being able to truly understand what it means to abide by a legal contract until after the fact?
Sorry if this is in the wrong place or just a dumb question. It honestly expect it to be rejected. However...
I'm curious if there's a term for the human inability to fully predict what it will be ...
1
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1answer
43 views
What standing does the delegatee have?
I'm working on understanding some topics from contract law -- specifically about delegation (a type of contract assignment). Let's say the client bought a kit to build something and then realized he ...
2
votes
1answer
24 views
merit pay accounts
If Brand X creates a merit pay pool to give out merit bonuses or bumps in salary related to merit, can it be decided to use that pool of money for other purposes? For example, if a market study ...
8
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2answers
2k views
Contract issue (Austria/EU Law) backdating start date of work
I would appreciate some advice with respect to my situation.
I was offered a job in Austria (I'm from the UK) back in the summer of 2019. The job was conditional on finishing my Masters Degree in the ...
-1
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1answer
64 views
Is a contract valid if only the husband is named on the contract but the wife signed her name on it?
I, unfortunately, signed up for a 6 month personal training contract. I was super excited about it but the only trainer at the gym went to another location. I am only interested in working out at this ...
-1
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0answers
30 views
Is “restatement of the law, contracts” available as an electronic resource? [closed]
Is Restatement of the Law, Contracts available as an electronic resource? For example, as a Kindle ebook?
Is it available at libraries as an electronic resource?
4
votes
5answers
233 views
Are editable word documents ('.docx' files) accepted in court as evidence?
I keep most of my business documents in Microsoft Words (.docx) file format. Problem is these documents can be edited and tampered with. For my signatures, I just copy and paste a signature image onto ...
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0answers
31 views
How to interpret coverage trigger in this business liability insurance?
How to interpret following language from business liability insurance policy with respect to coverage trigger for advertising injury:
"Personal and advertising injury" means injury, including ...
0
votes
1answer
42 views
Can you be required to have a written contract by California?
I was reading the list of the 12 conditions necessary to qualify under as a Business Service Provider (BSP) in California over at https://insight.ieeeusa.org/articles/california-bill-ab-5-threatens-...
3
votes
2answers
120 views
Ought store compensate me $100 for paying mover to return mattress of wrong size?
I bought a Full XL mattress and bed frame from a store in Ontario, but they delivered a California King – they contended they didn't have Full XL. I can't accept the King as it won't fit in bedroom! I ...
0
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1answer
41 views
Contractual obligation to deliver illegal software [duplicate]
I was contracted by a business to develop software that generates leads for their sales team. A few months before the project deadline, the client issued a change order that added some questionable ...
2
votes
2answers
37 views
Do federal student loans come with IRS-like arbitrary levy power?
I have a nelnet loan for 10k. If it was tax debt I understand the irs could bypass the courts, give no service and seize my bank account. Does this apply to student loans as well? Or is it limited to ...
0
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2answers
89 views
Legallity of contract that obliges a signatory to perform oral sex?
In the American animated series South Park, in Season 11 episode 10, a character is contractually obligated to perform oral sex.
I imagine this contract would be illegal to enforce? My suspicion is ...
2
votes
2answers
86 views
Can a company restrict the period in which a contract termination can be submitted?
I live in Germany and have a yearly contract for the Adobe Creative Cloud. This contract can only be canceled 30 days before the one year period ends. They say, that a termination notice prior to ...
0
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2answers
69 views
Can the buyer have right to withhold the last payment on a item
Picture this, a buyer comes to a company and lays out a specification of he or she wants, within that specification the buyer notes that they are withholding the last payment unless he or she has seen ...
0
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1answer
37 views
Subletting in California on a month to month lease
I have a friend who is a sublandlord in California and he's on a month to month lease. He wants to move out because the house is in terrible condition and the subletters are terrible roommates. How ...
0
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2answers
60 views
Would insurance company have duty to defend it's customer in unfair business claim case?
So our business insurance company (mostly for accidents with customers and employees) is doing everything possible to not have cover our legal defense costs by coming up with various ruses. I have ...
1
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1answer
32 views
What is the meaning of consensual principle for the basis of making law of contract?
What is the meaning of the consensual principle for the basis of making the law of contract?
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2answers
27 views
Are there [forensic] organizations that contract out expert witnesses and if so, what are they called?
So to try and put my question into context, I'm thinking about writing a fan-fiction spin-off to a TV series that is in part a legal drama, but I also want it to have a scientific investigative ...
0
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3answers
71 views
Why would binding someone abolish an exception to the rule that bargains bind?
I don't fathom the emboldening.
Who is he and him? The creditor or debtor?
Pls see title.
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p 89.
MWB has now been ...
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2answers
75 views
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 ...
1
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2answers
79 views
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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2answers
58 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, ...
0
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2answers
52 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 ...
5
votes
4answers
175 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 ...
0
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1answer
120 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 ...
2
votes
2answers
44 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 ...
0
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0answers
15 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’...
2
votes
1answer
66 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. ...
3
votes
1answer
105 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....
1
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1answer
24 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 ...
0
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1answer
93 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 ...
1
vote
1answer
107 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
votes
3answers
62 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" ...
0
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2answers
51 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 ...
1
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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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1answer
84 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 ...
1
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2answers
71 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 ...
0
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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 ...
1
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2answers
214 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, ...
0
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1answer
103 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. ...
1
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1answer
68 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 ...
0
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1answer
48 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 ...
13
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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 ...
0
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1answer
21 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 ...
13
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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 ...
0
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1answer
21 views
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 ...
0
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0answers
8 views
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 ...
0
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0answers
9 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, ...
