Questions tagged [contract-law]
For questions about laws related to contracts, an agreement between two or more parties.
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Is a company legally obligated to refund a deposit on a partially finished software product?
Company A has a contract with Company B defining the scope of a software product to be delivered by Company B. The contract requires a 30% deposit to initialize the project. The contract does not ...
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How to conserve digital proof?
There is some statement, put in digital form on the internet, wich I would like to conserve. The issue is its not available freely but rather after a login,so Internet Archive isn't an Option.
How do ...
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Is it considered a breach of confidentiality if data is uploaded to a website which only makes that data available to the uploader?
I'm a developer working at a company that handles sensitive banking information and recently, I've had troubles organising my code and thus posted it in a private repository on Github, which only I ...
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What's the point of this partnership template revenue clause?
In this partnership agreement template it states that
The Company will allocate items of income and losses as if the Company were liquidated, its assets sold at their fair market value, and the ...
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Must a law be broken for a court to hear the case?
An agreement between a union and association has expired. Though it had been renewed for many years an impasse has been reached and lockouts have happened. The union has taken the association to court ...
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I am writing a service agreement, how do I cite a legal code in the agreement?
I am writing a service agreement, how do I cite a legal code in the agreement? As a company, I need to state what we will do and what the law requires us to do This is the law: cvc 22658
(m) (1) A ...
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Did Google illegitimately unpublish my app from the store? And can I sue them?
I have an app with lots of downloads and 4.8* reviews on the Play Store for over the last 2 years. In the last update we submitted they decided to check the Privacy-URL as well. This URL was temporary ...
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Getting paid by mistake after leaving a company?
Pretend someone worked at a company and was paid monthly. A month after leaving they are paid their severance, and should not receive any payment in the future.
A month later, they are contacted by ...
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If someone forges someone else's signature, is the actual signer bound to the contract?
John signs a contract with Jane to buy a car, but he forges Joe's signature. Obviously, Joe isn't bound to the contract (at least, if he can prove he didn't sign it). Is John bound by it?
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Governing law clauses with parties in different countries
If I am in the United States, and I agree to a contract stating that both parties agree to submit to the exclusive jurisdiction of a court in a foreign country, can I be compelled to appear in that ...
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What happens if a debt is denominated in something that does not have a clear value?
If I understand correctly, any debt in the US can be paid in paper US dollars. If the denomination of the debt is Bitcoin, gallons of gasoline, ounces of gold, pallets of smartphones, or anything else,...
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NY state: a landlord is subletting an apartment but is trying to charge the renter after the move-out date
If Tenant A is trying to sublet their apartment, and the landlord finds/executes the sublease and receives payment from the new Tenant B, terminating the existing lease with Tenant A.
Is there any ...
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Is there any law requiring Indian companies to have had provided substantiated receipts to the clients prior to suing for unpaid bills?
Is there any requirement for Indian companies to have had provided substantiated receipts to their clients who signed a quote for services prior to suing for unpaid bills, obtaining injunctive relief, ...
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What are the laws for lunch breaks for salaried employees in Canada?
Canadian Law: https://www.canada.ca/en/services/jobs/workplace/federal-labour-standards/work-hours/breaks-rest-period.html
The Code provides at least one break every 5 consecutive hours of work, of a ...
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New home builder refund of deposit
I paid a deposit of 5000,00 on a new home to be built within 15 months, (verbal) there is no time stipulation written in the contract but it's passed that timeline and now won't be done for at least ...
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Can one rightfully sue SO for a suspension?
BH
If someone gets suspended or banned from stackoverflow in a way where it can be shown that no violation of the terms of service were broken, is that sufficient grounds for a lawsuit?
SO could be a ...
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Manipulating product reviews
I obtained a product from an online vendor. At the time it had a 5-star rating, with three reviews praising what was an entirely different product.
The product wasn't very good, and I wrote a review ...
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What do you own when you buy an NFT?
A non-fungible token (NFT) is a unique smart contract stored on a blockchain that can be created by anyone and then transferred to others with a record of the transfer being recorded on the blockchain....
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Is a contract agreed to in an illegal way binding?
Suppose I, an amateur radio operator, want to buy a car from another amateur radio operator. I send him a contract over ham radio, and he agrees to it. We have violated amateur radio regulations by ...
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What specific law is broken if the merchant continue to charge the customer's card after the customer disabled his account?
A customer used to have a VIP account with a California social media company that charges a monthly subscription fee.
In July 2021, the customer disabled his account and terminated his VIP. No service ...
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Can I sign a new contract before resigning from a job that has not yet started
I have accepted an offer and signed a contract that starts next month (from August).
However, now, I have a new job offer that I prefer. I would like to accept it and sign a contract for this new ...
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Will Twitter's lawsuit against Elon Musk allow him to force disclosure of the bot data he was seeking from Twitter?
Elon Musk made an offer to Twitter to buy the company. Twitter's board accepted. Apparently Twitter had some obligations in the fine print to disclose certain aspects of their userbase (there is a ...
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Cheapest Way To Sue Over Breach of Loan Contract?
6 months ago, I loaned a business friend $15000 to be repaid as $18,000 in a week. I have a complete contract which also includes the following section regarding lawyer fees for defaulting
“Borrower ...
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Quit before serving minimum period of employment
James is hired by employer X in United Kingdom on Skilled Worker Visa. The employer contract says "minimum period of employment" as 2 years. James has served 1 year on that contract with the ...
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Gave Loan After Due Date on a Contract. Is the contract still enforceable? [closed]
I loaned someone a sum of money on a contract that was dated on January 5th by both parties. The contract, however states the loan was to be sent on January 2nd and the money was sent on January 5th. ...
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Commercial Landlord blocking tenant from painting the walls
Posting for a friend...
There is a commercial property with a restaurant "we" lease. "We" have a vague 1-page commercial lease (no really!). There is a "no modification to ...
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Is laches an applicable defense for a debt that was never contractually agreed upon in writing?
A tenant has a parking spot in their building for a period of 8 years and was never billed for it by the management. Management discovered their book keeping error and has turned around to ...
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What's the significance of boxed text in a document?
What is the lawful implication of text enclosed within a (stroked) text box in a document? I have heard this means this text is left out of the contract, or possibly adds an exception to it. I ...
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Can a minor be bound to a contract if a parent co-signs?
James Doe, John Doe's minor son, wants to sign a contract with Mary Smith, an adult. Is the contract binding on James if he and his father both sign it? What if only his father signs it, but makes it ...
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Breach of contract implies bad faith in New York?
Apparently in New York, breach of contract implies bad faith in New York, so there is no necessity in making a separate complaint of bad faith when filing for breach of contract.
However, this seems ...
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Do I need a confidentiality waiver (from the parent company I worked at) to work at a spin-off company?
I had a contract and I worked at a company for several months. During this time our project leader negotiated with the parent company and formed his own company (with 2 other team members). Later the ...
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Does judicial estoppel apply to adhesive contract interpretation?
Large corporations are unique, in that they (1) enter into adhesive contracts with millions of people, (2) get sued a lot, and (3) often use outside counsel.
What happens if a corporation—probably ...
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Can a declaration state a party does *not* have a right?
In certain situations, a party that is uncertain as to its rights and obligations under a contract may obtain declaratory relief.
Can one party to a contract obtain a declaration stating that the ...
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No instructor for 2 months
Does anyone know or have any information on school malpractice? I'm currently in my 6 month of trade school and for the last 2 months they have not had an instructor for us. The instructor is supposed ...
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Diplomatic law and car plates
What should the Ministery of Foreign Affairs of a country A do in the case in which the diplomatic car plate number is stolen in a country B? And what should the State Department do?
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Standards for determining whether an unrepresented third party is adverse or not
How is it determined whether an unrepresented third party is "adverse" or not? (This is "adverse" with respect to the counsel's client.)
For example, imagine a husband and wife are ...
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In a concurrent employment case in Germany, is it allowed to take residual leave in one job but not in the second job?
I am planning a job change in Germany. Termination of my current job contract is only possible at the end of December 2022 at the earliest. However, I would like to start my new job (in a completely ...
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Do you have to pay for a sum of monthly membership charges you weren't charged for until you cancelled?
Imagine the scenario where F had been going to a local gym since 2018 with a monthly membership subscription. When F went to cancel this week, they informed F that they never actually charged her ...
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How it is proven that an e-mail or text message (SMS) was not forged by the recipient?
Here, it was said that a text message is legally binding. But I am interesting in that what would happen when the sender says that the message was not sent by them. It is not a challenging problem to ...
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Is it unlawful to benefit from discounts on customer accounts without the customer knowing?
The question has to do specifically with Amazon AWS services but maybe the question can be more generalized as in the title. Also, the jurisdiction is Japan but I imagine the practice described below ...
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To follow through on a breach of NDA, do you have to publically confirm the information you don't want disclosed?
Basically, NDA's seem completely broken to me. The impetus for my question is: some woman accused Elon Musk of very inappropriate conduct, and alleged that they settled, with her being put under NDA. ...
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Is it legal to renew my secondment job contract without my consent?
I'm an employee of a company called X, And I works for a company called Y by a Secondment contract(Company X is in my country, Y is an overseas company.I'm getting paid through company X, by the money ...
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Are there specific laws regarding selling code that executes financial trades?
If I want to start a business selling custom trading code for e.g. stocks/crypto what legal aspects should I be aware of?
Are there general examples of the kinds of contract you might want to absolve ...
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What happens at small claims court if two parties present differing copies of a contact?
For example this actually happened to me. Psycho landlord prints out unusually drafted lease agreement and send to me as PDF. I read it and am in fact perfectly happy to sign it because it appears to ...
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Is there any legal reason to use paid e-signature services anymore?
E-signature services like Docusign, HelloSign, esignatures.io, PandaDoc, signNow, etc. all offer services with unique features.
But is there any legal purpose for using them?
For example, one can ...
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Are contracts of adhesion that require you to agree to them before viewing them legally enforcable?
I recently was looking to switch plans from one major cell phone carrier to another, which included a promo for a free phone. This was done in the United States. At the point where I was to sign ...
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Has a smart contract ever been enforced by a court?
Is there any precedent for a so-called "smart contract" ever being enforced in a court of law anywhere in the world?
Edit
As per @David Siegel, this is not a duplicate with this question:
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Is the right to effective assistance of counsel an inherent right or a privilege
Effective assistance of counsel is a right provided by the 6th amendment. A conflict free counsel is paramount in receiving effective assistance. Can a statute/law deny one a conflict free counsel?
Of ...
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If a contract doesn't have a severability clause, could it still be severable?
Many contracts have a severability clause, which states that even if some part of the contract is thrown out or unenforceable, the remainder of the contract remains in effect. For example, "...
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Client in California demands their contract to be signed
I'm representing a Limited company from the United Kingdom and my team has been working with a client for a few months now under an agreement we provided.
Now they incorporated in the state of ...
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