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Questions tagged [contract-law]

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

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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 ...
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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 ...
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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 ...
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Real estate contract law differences from general contract law

Are real estate contracts different from other general contracts in terms of the construction of the contract? When I say construction of the contract, I'm referring to the standard provisions of any ...
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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. ...
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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 ...
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26 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 ...
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Can I take an employer to court over false promises and breach of contract?

Long story short, I had an employer who IN WRITING stated I would begin receiving compensation on my start date. As you can guess, that did not happen. Time after time, the employer would insist ...
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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 ...
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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 ...
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100 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 ...
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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 ...
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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
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How did 'consideration' semantically generalize to signify 'payment or reward'?

consideration (n.) mid-14c., consideracioun, "a beholding, looking at," also "a keeping in mind," also "contemplation, reflection," from Old French consideracion (12c., Modern French ...
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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 ...
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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 ...
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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 ...
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108 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 ...
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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 ...
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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 ...
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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 ...
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1answer
25 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 ...
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1answer
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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....
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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 ...
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What is the difference between contract, deed and covenant?

What is the difference between a contract, deed and a covenant?
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When a contract says “retroactive annuity” does that mean multi-year, or just 1 year?

I've been waiting for 5 years of back pay, and had to hire an attorney to receive it. Do they need to put the word multi-year, or does it default to being calculated on just 1 year of retroactive pay. ...
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What if a lawyer steals my idea and doesn't do the work?

I'm working on a tech startup that involves a specific industry. Because the industry is regulated, I decided to get a lawyer to sign off on my system and tell me whether I would need to change ...
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Follow up on interpreting a paragrapgh from an MNDA in context to Ohio law [closed]

This is a follow up question from the following stack exchange question found below: How to interpret this paragraph from an MNDA in context with Ohio law? I would like the paragraph to convey that ...
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1answer
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How to interpret this paragraph from an MNDA in context with Ohio law?

The following paragraph was included in a Mutual Non-Disclosure Agreement template between two technology companies. The Parties agree that the disclosing Party will suffer irreparable injury if ...
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58 views

How can one try to leave a home rental lease

Person A cosigns a lease for Person B. The lease is for a house. The lease period is for one year. The landlord agrees to allow the lease to be amended for another person, person C to be on the lease....
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Consulting agreement vs sales representative agreement

Can you tell me if there's a difference between "consulting agreement" and "sales representative agreement"? I've been asked to do a research on that but I don't know very much about the topic. Can ...
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Is it enforceable contract to withdraw private prosecution charges for payment?

Say Rob commits a crime against Bob. Frustrated that the police won't do anything, Bob follows the private prosecution path and files a charging document against Rob. Rob, seeing that things are ...
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1answer
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Do Net Neutrality's “Reasonable network management” and “No paid prioritization” allow for tiered services?

In CA's recently passed SB822, "Paid Prioritization" is not allowed, but "Reasonable Network Management" is allowed. MUST NOT “Paid prioritization” means the management of an Internet service ...
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Contractor bailed after getting paid in full

I live in South NJ. I have a 25k contract with a building contractor. However, they bailed once they got paid in full from the financial company. Before I knew that they were playing games they kept ...
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Are non-guaranteed delivery service contacts legal? [EU]

I had a parcel shipped with a company (not courier itself). Delivery took over 10 days instead of 2 days. During the order below message was displayed. Parcel delivery within 2 working days ...
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Default Governing State for NDA

If an NDA does not list the governing state in the terms, what is the default state that governs if legal action is taken? Which state has jurisdiction? (Parties reside in two different states)
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In what circumstances can a missing person be replaced in business deals?

Suppose there's two people who found a startup company as associates in the USA. In case one goes temporarily missing, is it possible for the other to take over decisions for both of them (e.g. agree ...
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Data & privacy: what is the actual extent of this audio/video approval form?

In the context of a tech conference I'll attend, a big tech company is organizing a social event which requires to RSVP. The process involves a form, with an obligatory check box to the following ...
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Landlord wants to include a clause where tenant pays rent if property is vacant after leaving. Is this legal/enforceable?

I'm asking on behalf of a friend. I don't have the contract to copy in relevant clauses. A landlord proposes to change the rental agreement. The new clause states that when a tenant leaves, they pay ...
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1answer
129 views

Am I at fault? Can I get my security deposit back from Landlord?

I signed a weekly rental agreement in Pennsylvania to live in someone's home. I ended up not staying and I text messaged the landlord that I left and no longer wished to stay. The landlord says he ...
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31 views

Unauthorized Business Site License

Any business lawyer? Please answer my question. My house has been used by a previous tenant to obtain a site license from the California Department of Health and Human Services (DHHS), to run a ...
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1answer
32 views

Can a voided option contract be transferred to a new company?

I gave a deposit of $10,000 and signed an option contract with a franchisor for a franchise to open within 12 months or the contract was void. The franchisor failed to deliver and refuses to refund my ...
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63 views

Damage to rental property after abandonment/final checkout with landlord

We recently moved from one rental to another. Due to finding our new place rapidly, we submitted our 30 days notice on July 15 which was also our starting day at the new place. We had nearly moved ...
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UK Small Claims Court - How is 'Winning' Defined?

If one files a claim in a UK small claims court and wins only part of the claim (e.g. claims for a refund for services as well as damages and only is awarded for the former), is this considered ...
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Can a Rental Contract Supersede State Law?

After several years of habitability issues (which were eventually fixed after 4 years), our landlord is asking us to sign a settlement agreement that would release them from all liability dating back ...
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How can auto sale contract be breached

Customer goes to a dealership in Texas to buy a used car. Car is test driven and customer likes it. Customer makes agreement to buy the car, and they settle on a price. Customer signs a deal with a ...
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“This provision survives the termination of this Agreement.”

In a business contract, does the following statement : "This provision survives the termination of this Agreement." Means that the provision survives for a unlimited amount of time? Is there a ...
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58 views

Lease dispute, over email and text message

I am a college student signing a lease for an apartment to rent for a year. I was told verbally by the sales representative that on-site indoor garage parking would be included with the rent. The ...
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Is a text offering to cancel a lease binding?

If you are having an on-going issue for more than a year and your landlord sends a text stating If you want to break the lease, you can forfeit your deposit and move out by the end of the month is ...
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Is a president bound by employment contracts entered into by one of his predecessors?

The implication of the US Constitution is that the executive power is vested in the President, but where the laws overlap with this power it seems to be a gray area. For example, it would be plainly ...