Questions tagged [contract-law]

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

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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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A departing director wants to convert his directors loan and owed salary into shares. How do we value the shares, and what are we obliged to pay?

We are raising investment with individual shares valued at £5. A founder & director is leaving the company and claiming owed salary and directors' loans need to be paid or converted to shares. We ...
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2 votes
1 answer
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Gaslighting on verbal agreements... who is legally "right"?

Gaslighting on verbal agreements... who is legally "right"? Suppose that a party A agrees to hire party B for a job, and at the moment party B seems like the most viable candidate available, ...
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How do you know if you live in a jurisdiction where an opt-out option in arbitration clauses are mandatory?

I've noticed in contracts with arbitration clauses, some offer opt-out of arbitration, some do not. This question notes this practice is because some jurisdictions require this, and it is simpler to ...
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5 answers
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After buying from a brick & mortar shop they've contacted me to say buying things from them is consent to arbitration. Is this legal?

A few days ago I bought over-the-counter goods from a shop. There was no signature involved in this purchase. I walked up to the counter with off-the-shelf items, was asked for a phone number, paid in ...
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14 votes
3 answers
5k views

Can Russia be sued over breaking gas contracts?

During the 2022 Russian invasion of Ukraine, Russia has unilaterally demanded that "unfriendly countries" pay for Russian natural gas in Russian rubles, despite the existing contracts ...
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How to refer to an unknown signer, in the parties section of an agreement

Have an agreement that will be signed by someone but we want to reuse the agreement and not edit each time to add the signers name. My question is how can I refer to the signer at the top of the ...
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2 votes
2 answers
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Unreasonable Time After ETA [duplicate]

Ordered a sofa set from a furniture store with an ETA of March 25th. The contract I signed said that ETA are just that, just estimates. It is not beginning of May and the store has not provided an ...
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Strictly speaking, are damages an essential element of breach of contract?

Several resources, including one from an attorney in California and another from an attorney in Arizona state that harm or damages to the non-breaching party is an essential element of a breach of ...
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If I copied an agreement and sent it as an email and had someone reply with the fields and "I agree" would it be a valid contract?

Have been getting agreements(contracts) signed electronically using Sites like Hello Sign and Docusign, but the problem is people do not always view the agreement, and then it does not get signed. My ...
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Living and working in Turkey and working remotely for a University in Germany

I'm an EU citizen, living and working full time in Turkey. Now, there is a possibility that I could also work remotely for a University in Germany. My question is: Should I pay taxes in Germany for my ...
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2 answers
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Contracting a builder 2nd time to fix their own negligence

Bob contracts Rob, a builder, to do some building work which requires the use of some heavy rare-to-find machinery which Rob owns. Rob mostly does a good job, but in one place he rushes it (end of ...
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Expired Rental Lease & Addendum Determination

A Landlord had a tenant in her Florida condo with a lease expiring on 2/28/22. The Landlord was 88 and in her final stage of life. Death occured on 3/17/22. Landlord was not able or willing to sign ...
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2 answers
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Does "agree to negotiate" mean it has to happen?

We are in the process of purchasing some land, and one of the requirements of the contract is The buyers, BUYERS_NAME, agree to negotiate a trade of land with the neighbors, NEIGHBORS_NAME, if ...
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1 answer
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In what jurisdictions is the severability clause redundant to add in a contract?

The common jurisdictions in United States include the states of Delaware, New York. Is it necessary to include the severability clause in those states? In a country such as South Africa, India, or ...
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3 answers
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When must a party suffered damages in order to sue/take legal action against the offending party?

If a contract between two parties existed, and one party breached it, when must the other party show damages to have the breach remedied? The following examples comes from this question where people ...
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1 vote
1 answer
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Unexpected additional dental bill over double of estimate I received

I recently had to have dental implants. My dentist explained that I would need to see a dental surgeon to have the post done but he would be doing the remainder of the procedure. The same day my ...
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3 votes
3 answers
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Who owns the intellectual property rights relating to a stolen NFT?

Bored Ape non-fungible blockchain tokens (NFTs) change hands for tens to hundreds of thousands of dollars. For this money you get two things, A) the technical ability to create transactions involving ...
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Statutorily prescribed terms supersede meeting of the minds?

Let’s take as an instantive fantasy a tenancy lease in which a tenant, secretly knowing their rights, deceptively enters into a contract with a greedy landlord who is hopelessly ignorant and apathetic ...
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Why is breach of code of conduct applicable for a morally and legally different culture?

Let's say there is a guy named Samuel, who is 20 years old from Germany sexting with a girl named Mary, who is 16 years old and also from Germany. Sexting was mutually agreed upon. Samuel sends her a ...
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Is there any law in India that mandates address to be published for websites that do business, specially online transactions?

Is there any law that mandates that a physical address to be published for the operators of websites that do business, particularly online transactions? There are laws that mandate a physical address ...
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Which company should I choose while filing a consumer court case against Poco India?

I am filing a consumer grievance case against Poco India for dishonouring warranty claims on the official govt website: https://consumerhelpline.gov.in/user/register-complaint.php Originally, Poco was ...
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1 vote
1 answer
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Can I sue my landlord if my landlord lied about which tenant they caught smoking?

Long story short, I’ve been fighting with my landlord because my neighbor has been smoking all day and in all hours of the night (2-6 am). We share ventilation so when they smoke all their smoke comes ...
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Contradictory terms in a contract

I'm working on a master supply agreement sent through by a customer. There is a section which seems to contradict. 11.2 Suspension (c) In the event of a suspension under Clause 11.2(a) or Clause 11....
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Meaning of "following the end of the month after next" on room contract?

My landlord has provided the following information to terminate the contract period on their website (under Accommodation FAQs at the bottom): What are the notice periods? As an exception, the ...
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1 answer
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Mandate vs Law Distinction

I have general concerns about government overreach and encroachments upon liberties. On several occasions during the last two years I've heard people mention that a mandate is not a law. I'd like to ...
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Ola and Uber charging too much?

Uber and Ola takes a 20% cut from the total fare. Is this legally too much? What percent cut is good to take from the driver for connecting them with people legally and ethically? Refer: Indian limits ...
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3 answers
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Should I work more than the mentioned working days in my job contract?

I am working in German company and my job contract states following: Der Arbeitnehmer erhält für die unter vorstehend Ziff. II. näher bezeichnete Tätigkeit ein Bruttogehalt in Höhe von X Euro bei 21 ...
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12 votes
2 answers
3k views

Memberships can be canceled without reason and without refund?

There's a club that sells paid memberships. In the application, it says upfront that the club can cancel memberships at any time, without reason and without giving a refund. Is this really an ...
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1 answer
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Can I sue an airline in the small claims court in the UK?

Suppose that a person A booked a flight to the middle east from the UK. The Airline's Covid site advice was that PCR tests had to be done 72 hours prior to the flight. Suppose that A took this advice ...
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2 votes
2 answers
54 views

Is there a term for a contract where the parties make identical commitments?

Most contracts involve one person promising one thing and another person promising another thing. For example, in a tennancy agreement the landlord's obligations to the tenant are different from the ...
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What is agreement in the same sense?

I'm looking at this site which writes to state The parties to the agreement must have agreed about the subject matter of the agreement in the same sense and at the same time There are simplistic ...
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22 votes
5 answers
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What is the legal basis for terminating contracts with Russian residents?

This question is not about politics, it's purely about law. Recently, a number of companies announced that they will be terminating contracts with anyone who has Russian registration. One example is ...
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-1 votes
1 answer
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Is it illegal for a store to sell, schedule delivery and then don't have material?

I purchased material from a store and set up delivery. They delivered part of it and said the balance was coming the next day. Then they rescheduled delivery date for the third time the next week. The ...
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1 vote
1 answer
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How are contract terms determined when union contracts contradict?

I am a public employee in Washington state in Union A. Part 1 of my problem: I wish to donate accrued sick leave to another employee in Union B. I will have more than 100 hours in my bank and will ...
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-4 votes
1 answer
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How can a person legally create a site to download an app and profit from the site?

Does a site operator need a permission from the app owner by a contract or something like that to run a site where people pay for and download apps? If this is true how can someone get such permission?...
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7 votes
2 answers
1k views

How do you write a contract that anyone can sue on?

Privity is a key principle in contract law. Those who are parties to the contract can sue on it. Those who aren't, cannot. Even in contracts where a huge number of people can sue, it's usually because ...
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Can a company refuse to give a contracted pay rise to an employee who have handed their resignation letter in? (UK)

Employee A works for a company B. He had a contracted pay rise after finishing his probationary period, from £X to £Y per year. However, just before his probationary period ended, he handed in his ...
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2 votes
3 answers
1k views

Does contract law apply for shoplifting?

I'm having an online discussion with someone who claims that there is no contract violated when someone steals something from a store or eats at a restaurant without paying. The person claims that ...
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1 answer
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Does private school contract remain valid when family leaves state? Can parents be forced to cover fundraising "shortfall"?

Family signed combined tuition and "fundraising obligations" contract with a private school in NYC, in September, and moved out of state the following summer. The school's position is that ...
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0 votes
1 answer
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commision typo on an executed lease

I have this property in the Multi Listing Service (MLS). It state the cooperating commission is 5%. On the actual Lease we made a typo and placed 10% commission instead of 5% commission. The broker is ...
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1 vote
1 answer
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What is the meaning of the Contracts Clause?

The contracts clause establishes that no state may make any law "impairing the Obligation of Contracts." I am curious about the use of language here. In particular, the use of the verb form &...
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2 votes
1 answer
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Why is a freeware EULA considered a contract if issuer is not receiving adequate consideration?

I understand that a EULA can be a contract if the user agrees to compensate the issuer for using the software, but if the software is freeware, then the issuer gains nothing of value. Without the ...
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2 votes
1 answer
114 views

Left item in an Airbnb, host no longer available. Responsibility lies with owner, host or Airbnb?

After staying one night in an Airbnb, my friend realised he left an item in the property (not expensive, cost of around €50). I immediately contacted the Host over Airbnb messaging, she confirmed she ...
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3 votes
1 answer
84 views

Small claims court claim

Consider a dispute with a cosmetic clinic whose recommended treatment has resulted in no change or improvement, despite costing £4,000. This is in the UK, Merseyside. The client has been advised to ...
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0 votes
2 answers
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Do all the statements an employer makes about a workplace have no effect when signing a contract with an integration clause?

Take the following term in an employment agreement for example: This Agreement constitutes the entire Agreement of the parties with respect to its subject matter and supersedes all other Agreements ...
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higher priority: contract or law

In my country there is a 3 month time length given by law, that applies when either one of tenant or landlord interrupts the contract about renting an appartment, between the announcement and the ...
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Biometric Collection Without the Option for Deletion

If I collect the face and voice properties of someone and inform them that they would not be able to request its deletion under any circumstance, would I still have to delete it under request in any ...
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3 answers
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Type of contracts

I have been trying to understand what type of contracts a Contract Lifecycle Management platform should actually model. I am a software engineer and I do not know so much about law... Looking online, ...
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