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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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“It makes sense for the promisor to request, as the price of his promise, that the other party should benefit some third party”?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 93. Can 'the other party' (underlined in red) be interchanged with 'promisee' here?
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Why couldn't the Ministry of Defence fetter its public law powers by promising not to transfer a SAS soldier?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). The red underlines fit para. 31 of the judgment: In the present case the price for which R's promise was bought was the ...
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1answer
35 views

What's the antecedent of “it”? “A’s promise is only good consideration for B’s because the law regards it as enforceable and therefore of value”

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 90. 5.5 Better still, keep in mind some common examples of consideration in practice: •  Simultaneous contract and performance, ...
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1answer
41 views

Why'd a claimant be allowed to recover deposit if it acts in bad faith, when a contract obligated good faith and reasonable endeavour?

O'Sullivan & Hilliard's The Law of Contract (Core Texts Series) (2018 8 ed). p. 83 4.29 A similar issue arose in a slightly different way in Shaker v Vistajet Group Holding SA (2012). There, ...
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2answers
51 views

How does the 'legitimate interest protected' by exorbitant credit card interest differ from that of exorbitant interest 'on outstanding fees'?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). pp. 425-426. This question's title refers to the red underlines beneath. What exactly is this 'legitimate interest protected' by exorbitant ...
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2answers
95 views

Does signing a contract after explaining it was not legally binding count as contract fraud?

An individual recently claimed to have run into a situation where he was charged with "fraudulent contract activities" in a situation that my (admittedly quite limited) understanding of contract law ...
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1answer
27 views

Why was 'consideration' embraced to mean 'failure of consideration', when this would be better termed as 'failure of basis'?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 449. I agree with the author that 'consideration' is ambiguous and can be confounded. Lord Toulson that "failure of basis" is more ...
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Which 'condition' fits “‘basis’ or condition on which the benefit was transferred”?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 465 Which of these three homonyms fit the 'condition' colored in green beneath? p. 449.
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How does a 'covenant' differ from a [1] 'promise' [2] 'contract'?

I'm discombublated why none of my contract law textbooks define 'covenant' when they use it many times, including Anson's Law of Contract (2016 30 ed) and Contract Law: Text, Cases, and Materials (...
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1answer
24 views

Why 'represent and warrant', not 'represent and condition'?

In Canadian and English law, representations differ from warranties^. Though they aren't doublets, why's "warranty" coupled with "represent", not 'condition'? I quote Ashurst's distinction of them ...
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1answer
48 views

“so long as you remain unmarried”: Why a gratuitous promise in one fact pattern, but a contractual offer in another?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). pp. 75-76. Can the two hypotheticals (orange and red) be distinguished? Why's the red a gratuitous promise but the orange an offer to ...
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1answer
27 views

What does “hold to order” mean?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 69. Is the Best Answer from Yahoo Answers beneath wrong? I'm assuming that the rogue, Fletcher, didn't have a solicitor. One ...
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2answers
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Why's A's expected profit $.04?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 6. On a slightly different tack, but in a similar vein, Judge Richard Posner has written:17 Suppose I sign a contract to deliver ...
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1answer
123 views

Notice of possible eviction, no reason given and notice doesn't follow state law [on hold]

I'm 19 had a roommate (older brother) who split rent with me on our apartment. Couple months go by and they decided to get 2 cats (sent me a text while I'm at work because apparently my opinion doesn'...
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1answer
48 views

Why is “without regard to conflict of law” necessary?

I often see governing law clauses that state something like The contract is to be governed in accordance with the law of the State of California without regard to any conflict of law principles ...
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1answer
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Is a loan contract valid if a different amount than was stated was borrowed?

If there is a contract written that entitles one party (the lender) to give another party (the borrower) X amount of money (e.g., £700) and the lender only gives some fraction of that (e.g., £300) on ...
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2answers
34 views

What is meant by these non-exclusivity and non-solicitation clauses?

I am being asked to sign a contract after I completed the work. I do not fully understand the following non-exclusivity and non-solicitation clauses. What does "solicit sales" mean? Also it never ...
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6answers
9k views

If a contract sometimes uses the wrong name, is it still valid?

I was given a contract, which at the top states my name and says "herein referred to as contractor" but in several sections of the body, it appears that there is a mistake where they use the word "...
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1answer
48 views

Can I leave an organization to bring an end to their contract to work directly with a company?

I work for an organization that holds a consultation agreement with a company. I work for the organization and directly assist the company. However, I will be the only employee working on the project (...
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1answer
36 views

Relative vs constant salary in US Employee and contract law

So I was listening to mathematician and economist Eric Weinstein, and he told an anecdote about salary in a hyper-inflationary economy. In the story, the employee and employer argue over the "fair" ...
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1answer
76 views

How does a contract end?

Assuming that I am a party to a legally binding contract with another party how does it come to an end?
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4answers
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Refuse maintenance contract under explicit clause [closed]

When I left my previous company and under some pressure, I end up with a signed maintenance contract. I have requested a specific clause where the company needs to inform me before a specific ...
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1answer
63 views

What are James’ legal contract rights in this case?

James decided that he wanted to build a pool in his yard so that his kids would stop asking to go to his brother’s house all of the time to get in their pool. On February 1 James contracts with the ...
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1answer
54 views

Can my orthodontia provider legally take my claim payment?

I am currently getting Invisalign treatment through an Orthodontia Provider in California. I paid for the treatment up front at $3,000. I was told by the provider that it was unlikely that insurance ...
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1answer
42 views

Can a Freelancer charge late fees if not explicitly defined in the contract?

For US-Law: Can a freelancer charge a client late fees for late payments if they are not explicitly drawn out in a contract? For example, let's say the freelancer has a contract for an hourly rate ...
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2answers
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New Gym Contract Law in Illinois

Previous law didnt have a contract length on it. As of January 2019 there is a law that limits gym contracts to 1 year. If I signed a contract before January 2019, does the new law apply to me, or ...
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1answer
24 views

What's the difference between a “representation” and a “representation and warranty?”

From what I understand, a "representation" is a statement of fact that underpins e.g., a contract. My understanding is that a "warranty" is a promise that if something isn't true, it will be "made ...
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2answers
35 views

What is the status of the following contract?

Buyer contracts to buy an item, such as a house, subject to the condition that feature X (perhaps the swimming pool), is in working order (it's clear in the contract that this is an essential ...
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1answer
81 views

Is it legal for a an employer to require employees to undergo medical examinations

My contract has a clause The Company reserves the right to require you to undergo a medical examination at its request at any stage of absence due to sickness. The company will pay the cost of ...
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2answers
90 views

Explain: indemnify and hold harmless (seems contradictory)

A person is presented with a contract with a consulting company, of which he will be a client Section 8. Indemnification (see below) seems to me to be contradicting itself, but I could be ...
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1answer
61 views

Are contracts correct/legal with a wrong Postcode and City?

Last week I signed a contract for a gym membership with the wrong location. I'm not really aware of how contract signing is handled in other countries, but here in Germany it always is a part of it. ...
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2answers
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Is a contract valid if it releases a party from liability for probable injury?

Suppose party A contracts with party B to release party B of liability for all possible injury resulting from party B providing party A a service in which there is significant risk of injury. If a ...
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1answer
4k views

Can a significant change in incentives void an employment contract?

Recently over at The Workplace there was a question regarding an employee withholding valuable information that they developed in their spare time. According to their employment contract all ...
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4answers
5k views

Do Legal Documents Require Signing In Standard Pen Colors?

I have a question as to whether or not legal documents signed in non standard pen colors (Anything other than blue or black) are valid. I carry a purple pen around that use for everyday writing tasks,...
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2answers
61 views

Prohibition of pledges and assignments

In lay-mans terms, what does a clause in a contract mean when it says: The employee is generally prohibited from assigning or pledging salary requested to third parties. The employer shall ...
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3answers
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Can I sign legal documents with a smiley face?

The signature on my driver's license is a unique and identifiable smiley face :-) I use this signature to sign all legally binding documents. A lot of the time, people reject it, and request an "...
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2answers
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Can an unacceptable / illegal condition in a contract be ignored without voiding the whole contract?

While I am located in Europe, I am generally interested in how this is handled in different countries. This is not a current question, but more a theoretical question, about how the law "generally" ...
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1answer
34 views

If a party says something about interpretation of contract, is it binding?

Contracts can be complicated and lots of companies prefer to use boiler plate. If someone is asked to sign a contract and then asks a question about it, does the answer given by the drafter have legal ...
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2answers
40 views

Is a term stating the contract can only be changed in writing, valid?

For example https://www.lawinsider.com/clause/no-modification No Modification. This Agreement may be changed only by a writing signed by both parties. I know a contract is still binding without ...
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1answer
37 views

Assignment of Inventions in Employment Contract for Software Development

I have a contract that basically says this in the Assignment section: To the fullest extent under applicable law, the Company shall own all right, title and interest in and to all Inventions (...
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2answers
59 views

When can a person sue for damages?

To my understanding someone can only sue for damages when they can prove that someone (the defendant) caused the damages. Does this mean if someone is in breach of a contract, the other party needs to ...
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3answers
44 views

Does a contract modification need all the elements of a contract?

Alice and Bob have a contract. One day they mutually agree to modify it. Does the modification need to have all the elements of a new contract? In particular, does it need to have a consideration on ...
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5answers
55 views

What is it called when a pre-defined penalty is specified in a contract?

In contract law, what is a pre-defined penalty for non-performance called? For example, if the contract says something like: "so-and-so will do xyz by May 5, 2021, and if so-and-so should fail to do ...
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1answer
64 views

Is 'reading down' clause optional?

Specifically with regard to a UK/England employment contract. I am used to seeing clauses in contracts which state crudely that if one clause is found unreasonable, that clause alone will be struck ...
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0answers
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Most cited contract law review article?

What is the most cited Legal review article about contract law on a federal level in the past ten years? "cited" in this sentence, refers to citations of the article in other published works (not ...
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1answer
58 views

What is the legal structure of online “TOS”?

TOS, also known as "terms of service" or "terms of use", is an agreement entered into by a user, usually before the user is allowed to use the company's product but is it an agreement(contract), or ...
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1answer
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Facebook contract Vs Minors

A minor's ability to contract at face-value is straight forward, any contracts with a minor that is not for necessities (food, medicine, clothing, and lodging), and was not approved by the parents/...
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2answers
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How does principle that written contract is proof of a contract and not the contract? [closed]

I've heard that there is a doctrine in contract enforcement. The doctrine is that the written contract is a "proof" of a contract rather than the actual contract. One such question that touch this ...
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2answers
81 views

retraction of a rejection of an offer

Are retractions of rejections common or would they prompt for the same offer to be made? In case of a written agreement, would a retraction of an oral rejection require a new writing if the offeror ...
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1answer
936 views

Is the withholding of funding notice allowed?

I run an independent business. The nature of my job means that I rely on annual funding from various organisations in order to keep a steady income. One organisation in particular, on which I’ve ...