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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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Can you unilaterally renege on a signed contract if the other party tries to push you into doing something illegal?

This question came up when I was reading this recent thread: Is it illegal to infringe copyright if your boss or your client ordered you to do it? in which that the poster was asking about a ...
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1answer
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How much do I have to pay a licensed contractor bill if terms were not discussed before work was completed

I called a licensed contractor in Maryland to set up an appointment for an estimate. The next day the contractor came and determined the problem. The contract said could be fixed immediately. I ...
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If a contract to purchase a home is modified after signing without a party's consent, will it be null and void?

My sister and I jointly submitted a bid to a house today for $580 000. After I signed the documents, she modified the bid to $600 000 without my knowledge. Now, in this case, neither she nor myself ...
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2answers
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Is the termination of a contract valid without a confirmation paper?

So I terminated my gym membership about 2 months ago (notice period was 1 month, but I wanted to have it done at that point just to be sure). I handed in the paper personally, because I still worked ...
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0answers
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What is the responsibility of a co-signer upon death of a tenant within the first lease cycle?

During the first lease cycle of a rental agreement, the tenant died. Is the co-signer responsible for damages to the apartment, or do the charges revert to the deceased tenant's family members?
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Can a former employer (U.S.) use/withhold owed commissions as leverage?

I am in "negotiations" with a former employer. There are written (text message: "You will be paid on X and Y when/if they close) agreements in place for 2 of my deals. One just closed, the other in-...
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2answers
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+50

Is it legal to unlock artificially limited hardware yourself?

Some companies sell hardware that is limited by some means, so that they can charge for upgrades. For example some Tesla cars have batteries with some capacity unavailable to the user unless they pay ...
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52 views

Does binary code need legal protection?

Firstly, sorry if this is not the right tag. I have recently come in contact with a person through social media and we are discussing a business opportunity. This person is working in networking and ...
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Do you have to surrender “ideas” in intellectual property transfer?

I'm looking at an MSA for software services that reads, in part, emphasis mine: Contractor agrees that all of the work product produced under this Agreement, including without limitation all notes, ...
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What are my rights if the bank misrepresented the mortgage contract at time of signing? Or broke other terms of the contract?

I'm having a very bad mortgage experience as a first time home buyer... I had believed that the term of the mortgage started on the house purchase closing date, when the funds are advanced. So I ...
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2answers
48 views

Legally enforceable contract?

I told my landlord that I will only be living in the apartment for half a school year because of my early graduation. I told him that my girlfriend would be taking over the other half of the school ...
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1answer
45 views

Undisclosed Cancelation Fees

I Paid $600 to a pet transportation company and after some talks in which due to some wrong information we were asked to pay an additional $300 i asked to cancel and was told that they would withhold ...
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Charging someone with theft of virtual currency

I've done some reading about gruesome tales of folks spending hundreds of thousands of dollars on video game currencies only to have their accounts irreversibly stolen or lost due to a bad in game ...
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2answers
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Is it possible to cancel a tenancy with someone who is most probably a fraudster, just for being a fraudster?

Some months ago, a neighbor of mine rented his appartment to a person for a year. Now, I have read in a major and respectable newsletter, that this person is accused of serious frauds. There are at ...
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2answers
1k views

By selling a flagged solution to a student to catch them cheating, would the seller be liable for the breach of contract?

This is a follow up question to this HNQ question from academia. Suppose a student S posts an assignment for school/university/... on a freelancer website. A faculty member F sees this and agrees to ...
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3answers
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What about if a company use the information that you shared during interview

I am a software engineer in Germany, I had an issue and i don't know how to react: Several weeks ago i had a job interview with a recently founded startup; I met with a co-founder of startup and we ...
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3answers
64 views

Verbal confirmation of contract extension but fell through?

I have been working as an apprentice in a workplace for 1.5 years now in the UK. I was told verbally that I'd be kept on for the next level alongside another apprentice. Shortly after this a message ...
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4answers
88 views

How are open source licenses valid without consideration?

I'm not a lawyer or law student in any capacity, but I've read in multiple sources that a contract is not valid unless there is consideration for both parties. With this in mind, how can licenses for ...
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2answers
63 views

What counts as an offer being accepted?

I know that a contract does not need to be signed. In general what counts as accepting a contract? I know some people can be tricky with words. For example if you emailed someone a contract (for ...
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1answer
81 views

Wouldn't it be hard to kick someone out who never signed a lease?

Who really has more power when a lease isn’t signed and there’s no written agreement? I know a lot of cheap rentals off craigslist do this (especially in shared living accommodations). Hypothetically ...
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1answer
29 views

Annual Contract of employment with the same employer

I have been employed on renewable annual contracts with the same employer since 2012, with contract dates of 01 Jan to 31 December. I am now told that I was erroneously overpaid an my previous ...
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1answer
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Do/can integration clauses terminate other contracts?

Question 1. Sometimes it's not clear what contracts (especially implied ones) already exist. If parties want to solidify everything in a single written agreement, what's the best way of doing this? It ...
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3answers
86 views

Can a party argue they did not know a contract was changed before signing it?

This is a follow up to the question Can I cross out parts of a contract before signing it? If a contract is given to someone and they modify it before signing, and the other party doesn't notice the ...
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7answers
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If a company agrees to pay travel cost for a job interview, is the promise binding and enforceable?

There is a question on workplace.SE about a company which offered to pay travel costs for a job interview, but canceled the return ticket after ending the interview - Potential Employer Cancels Return ...
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2answers
64 views

Are there any legal terms to use for charging the client for downtime hours at reduced full-time rate?

Normally, when working as a contractor, the bench time — when the client fails to provide you with the work to do, and no explicit work hours were assigned, either — is not compensated. This could be ...
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2answers
70 views

Does a non-competition clause bond me to a minimum term of employment?

I am an IT instructor in a private educational institution in British Columbia, Canada. They gave me a agreement which includes a section “non-competition clause” with these lines: He or she agrees ...
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2answers
88 views

Are text message agreements legally binding in CA small claims court?

My parents sold their house but they breached a part of the contract. As a result, the other party sued my parents in California small claims court. The court date is in 2 weeks. We've contacted the ...
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1answer
43 views

When are contracts (like NDAs) binding? [duplicate]

I have a Great Idea™ and I've found a trustworthy individual who can help me realize this. We're both private citizens in differing nations with no current employers. If I get them to sign an NDA, do ...
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1answer
59 views

Leaving company and wiping personal data

I am new here please help and answer my question. In case you are leaving the company, you worked for, if you wipe your personal data such an email you logged on or data like the logs of the websites ...
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2answers
63 views

If two spouses are named in an agreement but only one signs, is it valid?

Say there is an agreement between a company party (call them The Company), and a married couple party (call them Spouse A and Spouse B). Spouse A and Spouse B are both named in the agreement, but the ...
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1answer
51 views

Who is the owner of website client or agency?

Story : I wanted to build a website so i have hired a New Delhi India based agency. Initially they told me it will charge $2000 but they have charged me $6000 till now. And they have not completed ...
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2answers
57 views

Is intentionally advertizing and billing for more service than provided legal if the contract mentions that the quality of service is variable?

Here's the situation. A certain telecom company is advertising a "7 Mb/s" internet connection plan, and the monthly bill shows "7.1 Mb/s" internet service. When measured, connection speed is 3 Mb/s. ...
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73 views

Are over-zealous indemnity clauses enforceable?

Given the indemnity clause of a website's ToS below, am I correct in my non-legal opinion that if someone hacks my account, even if due to the sites lack of security, and causes harm or loss, I'm ...
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2answers
76 views

Is it legal for landlord to submit a post-dated check early then apply fees for it bouncing

I normally submit rent on the 1st of the month after I get paid. This month I wasn’t going to be in town on the 1st so I gave my check to my landlord early with explicit instructions to not submit the ...
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1answer
22 views

How notary documents are kept when the notary passes on

In thinking about notaries, I'm wondering what happens when they pass on. My understanding basically is that a notary is an unbiased 3rd party that observes a transaction and creates some legal ...
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27 views

How to prevent the problem of a document changing its content after you signed it

I just read this: The problem is that if there is a dispute over what was actually in the NDA later on, its going to be extremely difficult to establish what the NDA said. I'd refuse to sign an ...
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1answer
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The order of operations for getting a trade secret document signed

I was thinking about how to properly create a valid trade secret confidentiality contract, and am wondering about some possible loopholes that are present. The order of operations I started by ...
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17 views

Example of a real-world (sophisticated) NDA (perhaps in the technology field)

In reading cases such as these: LEADFACTORS, LLC v. CISCO SYSTEMS, INC. Space Data Corp. v. X I am wondering what the NDA exactly looks like. I would like to know if, generally, there is a way to ...
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“Space Data Corp. v. X” on the NDA protection of trade secrets

I have a few questions about the meaning of some stuff in this case: Space Data Corp. v. X. (1) Google first contends that Space Data's claims for misappropriation of trade secrets pursuant to both ...
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1answer
120 views

Is mandatory binding arbitration enforceable if the contract violation is also a criminal violation

Given a standard contract between companies that include mandatory binding arbitration for any contract disputes: Is arbitration still mandatory when the contract violation is also a serious criminal ...
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2answers
50 views

Any Terms of Service deemed invalid due to excessive length?

I don't know any people who read TOS. I don't know any people who know people who read TOS. The only people I know who do read TOS are people on the internet, lawyers and the like. Quote from news "...
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3answers
58 views

alternatives to other party signing a contract [duplicate]

What can bind a party to a contract other than executing it by signing it by hand or electronically and delivering it? My question is only about this element in making a contract, not consideration or ...
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1answer
65 views

Can an employer steal intellectual property?

Say someone wrote some software PRIOR to employment at the company where they currently work. They presented it to a CEO and three other high level employees of the company. They expressed, what the ...
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1answer
92 views

Can seller of property impose conditions on how it is used by the new owner?

When I sell a domestic animal, can I impose a condition that the animal is kept as a pet and never killed for meat? If the new owner breaches this condition, will I be able to hold them to account? ...
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2answers
60 views

Can you reuse the text of a contract you've signed with one party with another party?

Relations between individuals and business entities are governed by law; what's not specified in the law, can be specified by a mutually-executed contract. Generally, one party provides the actual ...
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1answer
39 views

What happens if a party to a contract is purchased?

If there's a contract between parties X and Y, and Y is bought by Z, then what happens to that contract? Is it automatically as if the contract was between X and Z? Or instead, do X and Z need to ...
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1answer
49 views

Legality of employment contract clause - Training reimbursement

I have a German employment contract which stipulates that if I was to leave the company before a certain time, I would have to pay back (some of) the cost of training to the employer. In this case, ...
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1answer
60 views

Is there contract law to protect tenants from leasing under false pretenses?

I've recently signed a lease for an apartment in Maryland. Before signing the lease I visited the unit in person, spoke with leasing staff, made a deposit to reserve the unit, and received a written ...
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2answers
65 views

To what extent are estimates binding in contracts?

Consider this not too uncommon scenario: Bob asks Rob to do a one-off job. Due to the nature of the job, giving a precise quotation is difficult, so Rob provides an estimate of $5,000 to get the job ...
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2answers
79 views

No witness during contract

If there is a contract with a government and there is no witness to it, what impact will it have? Is the contract valid?