Questions tagged [contract-law]
For questions about laws related to contracts, an agreement between two or more parties.
2
votes
1answer
36 views
What happens if a party to a contract is purchased?
If there's a contract between parties X and Y, and Y is bought by Z, then what happens to that contract? Is it automatically as if the contract was between X and Z? Or instead, do X and Z need to ...
-1
votes
0answers
27 views
What's the legalese for a licensing agreement to say it stays in force regardless? [on hold]
In a software licensing agreement, I want the parties to agree that the agreement stays in effect even if the licensor and/or licensee changes company formation (like from an LLC to a corporation or ...
1
vote
1answer
39 views
Legality of employment contract clause - Training reimbursement
I have a German employment contract which stipulates that if I was to leave the company before a certain time, I would have to pay back (some of) the cost of training to the employer.
In this case, ...
0
votes
1answer
47 views
Is there contract law to protect tenants from leasing under false pretenses?
I've recently signed a lease for an apartment in Maryland. Before signing the lease I visited the unit in person, spoke with leasing staff, made a deposit to reserve the unit, and received a written ...
0
votes
2answers
51 views
To what extent are estimates binding in contracts?
Consider this not too uncommon scenario: Bob asks Rob to do a one-off job. Due to the nature of the job, giving a precise quotation is difficult, so Rob provides an estimate of $5,000 to get the job ...
2
votes
2answers
63 views
No witness during contract
If there is a contract with a government and there is no witness to it, what impact will it have?
Is the contract valid?
0
votes
1answer
11 views
Can Mobile App Terms of Use contain General liability release?
The intent is a smart phone based app, which functions as a service(think ride share type of services). Wish to provide said service without insurance to test market feasibility.
Definition(s): '...
1
vote
1answer
68 views
Invoice from work done years ago
I bought a house in 2013 in Ireland, all well and good.
Before everything went ahead, I got a structural survey (recommended, not mandatory).
Conversation with the surveyor went as follows:
Me: I ...
1
vote
2answers
20 views
Injunction relief without posting bond
Can you explain in simple english the meaning of this sentence? Context is transfer of proprietary data.
the Receiving Party agrees that the Disclosing Party may be entitled, without proof of ...
0
votes
0answers
15 views
What interest rate applies if a promissory note only sets a lower bound?
In a promissory note there is the following statement regarding interest rates:
"The Borrower promises to pay to the order of The Lender, on demand at any time following the date hereof, the ...
0
votes
1answer
92 views
Why the deal between IBM and RedHat needs approval from China?
today I read cnbc magazine and they asked why shares are not 190$ when IBM is paying premium price of 190 but now are 170, one of the reason was that China has not still approve the deal. I am not ...
0
votes
2answers
68 views
Terms and Conditions of Trade - are they really allowed to be so biased toward the supplier?
I'm about to have an air conditioning system installed and the supplier has sent me the the invoice for the deposit, along with a contract which seems to me (as a lay person) to be incredibly severe, ...
1
vote
2answers
27 views
Renting in Michigan former tenant and rental agreement
I bought a house in Saint Clair Shores. Closing took place 10/1/2018. I’m friends with the previous owner, who had a tenant. We agreed that she could continue to rent for a couple months. I drafted a ...
0
votes
1answer
21 views
Can the Resedential Tennancy Act be included in situations where it wouldn't normally apply?
The Residential Tenancy Act list situations when it would naturally apply and when it would not.
From http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01#section2
What this Act does ...
0
votes
1answer
26 views
Marketing rights on contractor name
Let's say I have a consultancy software agreement with a company A. This company A now decides to add my name on some campaign to raise money. Do I have the right to ask them to remove my name from ...
0
votes
2answers
55 views
Plumbing Payment Reduction
In the New Mexico, US do you have to pay someone for work if after completion you do not feel the work is worth the original amount agreed upon. For example a plumber who gives you a quote, finishes ...
0
votes
2answers
73 views
Is a contract signed by a minor and his/her guardian legally binding (US)?
Say that a small group of children decide to open a massive online mail-order lemonade stand (21st century, huh?). They agree that they will divide up the profits a certain way, and sign a contract on ...
-1
votes
1answer
21 views
Marketing Agreement.
We are company A. We have a marketing Agreement with company B to market and sell all of their technologies. Company B has a JV with company C for a technology. Do we need a new agreement to include ...
1
vote
2answers
60 views
Are political deals legally enforceable?
Are political deals legally enforceable if they are in writing?
For example, let's imagine a candidate makes a deal with a political party: "I agree not to run for office in race X right now, if you ...
0
votes
2answers
60 views
Can I amend a contract after end date
I'm a freelance web developer and I entered into a contract with a client in August 2018. The contract was set to end and product delivered by October 5 2018. However, due to the client changes in ...
0
votes
1answer
45 views
Are 'no contra proferentem' clauses enforceable?
Are 'no contra proferentem' clauses enforceable? It seems the point they exist is to increase fairness and removing them would inherently make contracts less fair. Also, is there another name from ...
1
vote
1answer
56 views
Client is refusing to pay invoice without W-9
I have been working on a software project for a client for several months. Up until now, there have been few issues involving payment. Now that the project has come to an end, the client is refusing ...
1
vote
1answer
73 views
Is Intentional Immaterial Fraud Legal?
Normally, an element of the tort of fraudulent misrepresentation, the tort of negligent misrepresentation, statutory securities fraud offenses, and a criminal fraud offense based upon a ...
0
votes
1answer
34 views
UK Courts Question: What was the judges final decision that may be cited as precedent in these cases?
Sheriff Court at Kirkcaldy: David Boyack v The Royal Bank of Scotland ( this case was referred to in the "Office of Fair Trading (Respondents) v. Lloyds TSB Bank plc and others (Appellants) and ...
1
vote
0answers
45 views
If a lease says that the tenant is responsible for minor indoor repairs, would replacing a broken faucet be considered minor?
In an instance where a tenant has a least that says "the tenant shall be responsible for all minor indoor repairs", could the tenant replace a sink faucet if it was leaking? Would the replacement of a ...
0
votes
1answer
55 views
Damages from a contractor
So I just got stumped in small claims court today.
Judge was lovely a very nice person so I can't even blame her kick around and pout as apparently I was unable to prove any damages.
So backstory, I ...
1
vote
2answers
95 views
What exactly does “without prejudice” mean and how does it work?
According to businessdictionary.com without prejudice means
Law phrase: Without abandonment of a claim, privilege, or right, and
without implying an admission of liability.
This sounds pretty ...
0
votes
2answers
33 views
Automatic Renewal Contract / Contract Law - Licensee Cancels before Expiration Date, but not within 30 day period
Has this turned into contract law - can the licensee cancel the upcoming auto-renewal?
Licensee entered into a multi-year software usage contract with Licensor. The software license is a straight ...
1
vote
1answer
55 views
When can someone legally act on the behalf of another person?
I moved out of my rental home and the landlord has not returned my security deposit. It would appear that the landlord is trying to avoid me and have her friend (who is apparently a lawyer) do all the ...
1
vote
2answers
78 views
Is this email agreement a contract and if so, does breach of contract mean we can end it?
Suppose:
We received the following email proposal for a new leased line:
Please find quote below for leased line Ethernet fibre:
10/100 fibre Ethernet Direct Internet Access (DIA) circuit. ...
0
votes
1answer
60 views
What does 'duty to devote full time' mean?
In a work contract there is the following term
Duty to Devote Full Time
The Employee agrees to devote full-time efforts, as an employee of the
Employer, to the employment duties and ...
0
votes
1answer
29 views
Is This Exclusion Clause In breach of UCTA 1977
Just checking the terms and conditions of one of my suppliers terms and conditions and noticed this clause (as made bold). Does anyone know whether this is in breach of the Unfair Contract Terms Act ...
0
votes
1answer
53 views
Can an employee take an employer to court over false promises and breach of contract?
What if something like this happened:
An employer IN WRITING stated that an employee would begin receiving compensation on my start date.
That did not happen. Time after time, the employer would ...
2
votes
2answers
100 views
Can a bank foreclose on a home of a person who has been kidnapped?
Say that an American homeowner is traveling overseas and then he/she is kidnapped by a terrorist organization.
Does the American bank which gave that person the home loan have the legal right to ...
2
votes
1answer
61 views
Under what circumstances is a lawyer permitted to draft documents “friendly” to the other side?
There are typically two parties on any contract, call them buyer and seller. Contracts can be drafted that are neutral, or they could be friendly to either the buyer or the seller.
I can see a case ...
1
vote
1answer
108 views
What is a condition precedent?
Here is a Wikipedia definition, of something that must happen before something else happens, but I'm not sure how to apply it to the law.
Let's say that there is an angel investor that meets a ...
1
vote
1answer
87 views
Witness sabotaging a document with wrong signature
Suppose you are asked to sign a document (a will, marriage certificate, deed poll, etc.) as a witness. You secretly disapprove of the thing taking place and therefore attempt to sabotage the document ...
0
votes
2answers
37 views
Difference between three terminologies
I have confused many times wherever I studied about “Dacoity, Robbery and Extortion”. These three terms are closely related to each other and written in ambiguous forms
2
votes
1answer
62 views
How did 'consideration' semantically generalize to mean 'something given in payment'?
What underlies the bolded meaning beneath of consideration (n.), with all the other meanings that don't look related to recompense?
mid-14c., consideracioun, "a beholding, looking at," also "a ...
0
votes
2answers
47 views
Company director resignation
If i am a director of a private limited company, can i resign from my director position using a resignation email ?
Is there any chance that the company could take legal actions just because there ...
0
votes
0answers
30 views
Agents forcing responsiblity on tenants
In tenancy agreement they added a clause,
Not to cause any blockage to the drains, pipes, sinks or baths. If
such blockages are caused during the tenancy the tenant is liable to
cover the cost ...
0
votes
1answer
17 views
S75 Liability of creditor for breaches by supplier in the Consumer Credit Act 1974 (UK)
I had a verbal contract with a contractor and part of the payment for that contract was a credit card payment of £2k in a £10K contract. Payment by credit card as made halfway during thye prosecution ...
3
votes
2answers
126 views
Can the Prisoner's Dilemma be solved with a civil contract?
The Prisoner's Dilemma is a well-known game theory problem that translates well into our real life experience. The idea is that two people who will optimize their individual and collective outcomes by ...
0
votes
0answers
25 views
My 401K contributions were not matched
I left my ex-employer a few months ago in Texas, US, being there for less than a year (I was under harassment, reported it to HR, and in response, they asked me out suddenly). I had %5 match rate. In ...
2
votes
2answers
108 views
Is a contract valid if one of the party doesn't even read it?
You might think someone must be stupid to sign a contract without even reading it. Yet I see it happen all the time, when contracts are just too long and there's no time to read stuff you suppose you ...
1
vote
1answer
30 views
What effect does it have when something contains the phrase “copyright 2018 MrAuthor”
I'm curious why some documents (both written on paper and source code) sometimes literally say something like "Copyright 2018 Bill Gates" for example.
This question occured to me because I just came ...
1
vote
1answer
29 views
Contract still valid after servicer changed name?
There is no clause in the contract about transfer of service (or whatever you call it) like if it's still enforceable even after the service has been transferred to someone else.
I had a contract ...
1
vote
1answer
32 views
Is it a contract: HOA Bylaws?
If the execution of payment to HOA homeowners is specified in the HOA Governing document (specific term?), is it not a contract? I ask because if the explicit payment instruction is not followed (e.g....
3
votes
1answer
73 views
Are “If you breach this disclosure agreement we may sue you” clauses *legally* necessary?
This recent question asks the meaning of the following clause in a Mutual Non-Disclose Agreement (MNDA):
The Parties agree that the disclosing Party will suffer irreparable injury if its ...
-1
votes
2answers
52 views
What is the difference between contract, deed and covenant?
What is the difference between a contract, deed and a covenant?
