For questions about laws related to contracts, an agreement between two or more parties.
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1answer
21 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
15 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 ...
4
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1answer
47 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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0answers
26 views
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 ...
2
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1answer
46 views
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 ...
3
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1answer
62 views
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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3answers
2k views
“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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1answer
41 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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2answers
54 views
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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2answers
94 views
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 ...
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2answers
52 views
Can I appeal the denial of NY Senator McGee's scholarship after being awarded?
I take online courses for a masters in nursing education with Aspen University. The university is headquartered in NY and is accredited by a regional accrediting agency of the US Dept of Ed. I live in ...
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0answers
30 views
what criteria do 1099 contractors have to be considered employees?
Let’s say someone owns a hairstylist shop. They have people who come in and cut hair but they pay them on a 1099 basis. However, they require them to be there at certain times and perform work that ...
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1answer
115 views
How strict should I be with “to the best of my knowledge”?
The Question:
In many legal documents, there is a section for you to sign where you declare that the document is correct to the best of your knowledge. If something small or relatively unimportant ...
2
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1answer
42 views
Non disparagement agreement with one company name I posted under another company name on LInkedIn
I signed a non-disparagement agreement that says the two parties are
"Employee" (my name here) and "Company" (Company Old Name Here).
The company changed names and I posted something on the LinkedIn ...
2
votes
1answer
108 views
What happens to a contract when company is disolved?
I have been renting a property (residential) for 10 months from a limited company.
I wanted to move out of the property recently, they informed me I still have two months left on my contract, i ...
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0answers
29 views
Can addressee of lost in post item break the privity of contract between sender and post?
Alice, living in country A, sold an item to Bob, living in country B. She sent the item using A Post, tracked but with no insurance (the sale contract obliged her to ship the item, not deliver).
The ...
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2answers
51 views
Is it illegal for a fitness center to deny my request for a copy of my contract? Also is it illegal to cancel a membership via phone in Tennessee?
I tried to cancel a gym membership over the phone and was told by the girl it would be taken care of. Then I end up in collections for not paying dues. The gym is telling me it’s illegal to cancel a ...
2
votes
1answer
103 views
Company changes its legal name but not that on its staff handbook. Can I ignore the staff handbook?
In UK employment law, the staff handbook often forms part of the contract.
I work for Company XYZ. This is clearly stated in my contract. The handbook is for Company ABC, which is my employer's old ...
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votes
1answer
74 views
How long do you have to collect a unpaid debt?
If a client refuses to pay an invoice for work completed, how long do you have to file a claim? I have a written contract but they sent me a letter canceling the agreement.
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1answer
38 views
Does a Company Handbook effectively constitute an extension to the Employment Contract
In my employment contract it is stated (in so many words1) that I must adhere to the rules set out in the company handbook.
Does this make the handbook an extension of the contract? Out of which ...
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1answer
43 views
Question about NDA Term
I am currently reviewing our company's NDA templates and came across the following term:
This Agreement shall remain effective for six (6) months from the Effective Date. All obligations of the ...
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0answers
19 views
Inventions Assignment Agreement in California
As I was being hired today, I was asked to sign a "Confidentiality and Inventions Assignment Agreement" which partly reads:
"I agree that all right (...) to any copyrightable material (...)
...
2
votes
2answers
81 views
Can a business unilaterally change a contract?
Suppose a customer enters into a lease- or subscription-type agreement with a business, where the business either provides a physical thing that the customer takes and uses, or the business does a ...
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1answer
56 views
Can I be sued for demanding a refund for a service that was not provided?
Over the past few months I paid for a 1 year subscription to an online tabletop roleplay gaming service. The seller had no ToS to be signed and recently after critique about the service began ...
2
votes
0answers
47 views
How to challenge validity of housing inspections in regards to eviction
Jurisdiction is Western Australia.
If a landlord is experiencing financial troubles, and is attempting to evict their tenants on false grounds, in order to increase his sale price or make finding a ...
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vote
1answer
25 views
Is there a “standard template” NDA contract that covers a majority of businesses requiring protection of proprietary information?
The following paragraph stood out as unusual for an NDA that a friend was asked to sign:
“Terms and Termination.
This Agreement shall terminate two (2) year(s) after the Effective Date. The ...
2
votes
1answer
61 views
When two promissory notes represent the same debt, which one is legally valid?
An application was completed for a FFEL guaranteed student loan consolidation including a signature on the bottom, promissory note section. The guarantee company insisted a second, computer generated ...
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2answers
121 views
What legal remedies exist when a computer game crashes a computer?
If a company sells a video game that consistently crashes computers with a certain type of graphics card, does the law allow a consumer to force the game maker to patch the error or otherwise correct ...
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vote
2answers
74 views
GDPR - Is consent really necessary for contact form?
I am looking for an answer that is supported by the GDPR, so please try to quote GDPR parts as you answer.
The internet is on fire (developers especially) now that the GDPR is on strength. There are ...
4
votes
2answers
94 views
Clause in contract - is there a law protecting me from a landlord abusing it?
Context
So, I'm going through the process of creating a shorthold tenancy with a private landlord in the UK. We've done our references and now are down to signing the contract.
Everything in the ...
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vote
1answer
40 views
What does “reasonable” mean?
I have seen the phrase 'reasonable conditions' used quite often in legal texts, and I always get nervous, as I don't know how to interpret it.
Imagine a Confidentiality and Assignment Agreement with ...
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0answers
22 views
Construction Contracts: Who retains the hardcopy?
It seems obvious that a Contract Administrator would retain the 'original' hard copy of a Construction Contract between an Employer and a Contractor, but is this correct, and is it expressly stated ...
2
votes
2answers
94 views
Can a person be held responsible for a breach of contract by another person?
I once worked as a contractor for a certain company. That company required me to sign an agreement that contained the following:
5.2. Protection of Confidential Information. Contractor ...
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vote
1answer
50 views
Is overselling breach of contract or mistake?
Where does overselling stand in terms of contract law?
Say Bob runs a record store. One day, Pete pops in and asks for a specific rare CD. Bob does not have it but his friend Rob does, and Bob is ...
4
votes
1answer
57 views
Are date ranges in contracts inclusive or exclusive?
I was recently in a dispute over whether a date range in a lease was inclusive or exclusive of the start and end dates.
The wording was:
The lease starts on 14/1/2016
The lease ends on 13/1/2017
So ...
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votes
1answer
105 views
Does section 2870 of the California Labor Code apply if my employer has headquarters in California but I do not work there?
I do not live in California, but my employer does business, has headquarters, and is incorporated in California. Which state's laws apply to the employment agreement? In particular, does Section 2870 ...
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2answers
108 views
Is it still a contract even if it is described by a party as “not a contract” even if adhesion law applies between multiple parties?
Suppose two parties have a relationship that might be a contract under U.S. law. Suppose one party is an individual and the other is not, so that if it's a contract it would be a contract of adhesion, ...
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1answer
46 views
Can a company receive a payment and never provide the paid service?
I was wondering a question about a situation I'm involved in. Prefacing that I live in Italy, where an European directive states that every customer in their territories must have legal rights to ...
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votes
3answers
147 views
How long can my girlfriend stay over at my place despite not being on the lease?
I have recently signed a new lease and moved into my new place. The place I have moved in is a unit in an apartment complex. The manager of the complex told me I cannot have guests for more than 14 ...
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1answer
51 views
Can a contract be cancelled/rescinded after both parties have signed it but not in effect yet?
Is it possible to cancel/void/rescind a contract after both parties have signed it but the contract is not in-effect yet? Of course, the cancellation has been decided after mutual agreement.
For ...
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0answers
38 views
Tenancy agreement with a starting date in the past
I've signed a contract for tenancy which apparently started two whole months before I even signed the contract. I overlooked this starting date at first because frankly I didn't expect it to be in the ...
37
votes
3answers
9k views
Is it breach of contract if dismissed before starting work?
I've been dismissed by a company I was due to start a job with, just a few days before the job was meant to start. They have no intention of providing me with any compensation despite the fact I ...
0
votes
2answers
77 views
What recourse do I have if I can't meet a tight deadline to complete on a house purchase?
I've recently put down a reservation to buy a new-build flat in London, UK. This is one of the last flats available in the block and the builder is in a rush to complete and get the money as soon as ...
2
votes
1answer
38 views
Can I amend boilerplate contracts by mail?
I am party to a number of contracts (website terms of service, for example), where a service operator writes the contract, and I agree to the contract by using the service. If the other party wants to ...
0
votes
1answer
20 views
Indemnification clauses and liability regarding use of information?
I've seen a lot of clauses like this,
You will indemnify and hold Evil Corp, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including,...
1
vote
1answer
19 views
Gross Receipt Service Returns
For a purchase return in NewMexico is a company required to return the gross receipt tax paid when the purchase was originally made? Assuming that the service agreement has no mention of a return ...
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0answers
12 views
forum selection clause in an international contracts
If there is a forum selection clause in an international contract (between 2 companies in 2 different countries), then it is fairly easy to decide which court has jurisdiction and what laws should be ...
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1answer
57 views
Does a new contract supersede identical old contract?
I have relocated 3 times on behalf of my company in the past year, however I am prepared to move on because of another job offer.
With each move came relocation assistance, in which I had to sign a ...
3
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1answer
39 views
Is there a (EU) law that a written contract has to be in a certain language?
I live and work as a freelancer in country A. I am about to sign a contract with a company that has its offices in country B. They therefore insist on having the contract written in language B.
Both ...
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0answers
23 views
How do I apply Taylor v Laird in a UK law exam on agreement?
This is about UK Law in a Law exam.
I'm preparing for a law exam on agreement and in my tutorials and lectures I have not been taught about Taylor v Laird, however I keep on seeing the case in the ...
