Questions tagged [contract-law]
For questions about laws related to contracts, an agreement between two or more parties.
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How to write a contract that guarantee someone's ownership of a part of a software developed by him and others?
I want to hire programers without direct money but by guarantee to them that the software will be in their ownership .. In the other hand guarantee the secret of the app idea and codes .. How to make ...
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1answer
54 views
What constitutes voluntary termination of employment?
I have a clause in my contract that reads as follows:
"If you voluntarily terminate your employment prior to 12 months following your hire date, your bonus will be due immediately"
If I give my two ...
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1answer
21 views
parol evidence rule v. plain meaning rule
I saw this paragraph {"[a] clear conceptual division would treat the plain meaning rule as about interpreting the provisions of contracts, and the parol evidence rule as about establishing what count ...
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1answer
14 views
Jurisdiction for international contracts where it is unspecified in a contract clause
Assuming a contract doesn't have a clause specifying jurisdiction how is jurisdiction decided. I am talking about international contracts and which country's laws would govern the contract.
So to ...
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3answers
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One sided i.e. unilateral termination clause in a contract; Does this render contract void / unenforceable?
I am a non-lawyer reading a relatively simple contract draft where everything else seems fine and dandy but the termination clause just says the following:
You agree that Company (A) retains the ...
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1answer
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Is it legal to redefine a term against common sense in a contract
Can the writer of a contract attempt to trick the signer using defined terms? Is such a contract binding or void, and can the writer get into trouble for doing so (eg. for misrepresentation)? Two ...
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1answer
74 views
Can I sue for false promise
During the covid pandemic, I requested to work from home due to my kids being out of school. I was told that I would need a laptop In able to work from home. My manager told me that when I got the ...
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2answers
18 views
Do all estoppable promises have to be estopped?
Or is there, in other words broad leeway for when a judge or a court can decide based on all of the other materical circunstances, when or when not he should enforce an otherwise unenforcable promise?
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34 views
Reletting from the point of view of the new tenant (AL)
How does reletting (lease assignment) usually look like for the person who is taking over a residential lease? Should there be a reletting addendum? Should the contract include the lease agreement of ...
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1answer
29 views
Is it possible for a contract to refuse a contract award
Suppose you have this scenario:
Company AA is an automotive manufacturer that needs to upgrade the IT system that lasted for 10 years. It asked the same supplier of old IT system to provide a ...
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43 views
Can not paying a monthly fee because of a lack of balance of your reloadable visa card hurt your credit score and isn't there a law against that?
Can not paying a monthly fee because of a lack of balance of your reloadable visa card hurt your credit score and isn't there a law against that?
That's what I was told after I bought a visa debit ...
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2answers
116 views
Can a contractor refuse to pay a subcontractor if he doesn't get paid?
Can a contractor refuse to pay a subcontractor until the contractor receives his payment from the company/client? Does it matter if it's in a written contract? Can the buck be passed like that?
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Can someone be compelled to prove they are complying with a contract? (If contract doesn't stipulate such proving)
I serve on an HOA board, and a fellow board-member believes we can compel someone to prove they're not violating a rule, and punish them if they are violating it OR IF THEY REFUSE TO PROVE they aren't....
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1answer
29 views
Amending a contract for COVID-19 for reasonable delay for a known event [closed]
I am negotiating a contract with a client prospect which includes the following Force Majeure clause:
"Neither party shall be liable for any delay or failure to perform its
obligations hereunder ...
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54 views
how to know if somebody sued you in germany?
2 years ago before I left Germany someone I knew said that he will file a lawsuit against me :(
I am now not in Germany and I didn't give this guy my address in my current country
but how can I know ...
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2answers
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What are “cooperation in perfecting rights” and are they enforcable?
Bellow is an example "Perfection Rights" provision from a employment contract. To me it seems to be saying 1) you agree to do paper work we may need you to do, even after you are no longer working for ...
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2answers
71 views
Examples of Unethical Experimental Studies
I am teaching ethics in a statistics class. I am looking for examples when deceptive statistical evidence was caught or attempted to be used.
For example, is there an example of a party who had ...
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If I receive a new contract from the same employer, can I be furloughed?
I have been working for a company since July 2019. First it was an 8 week fixed term contract (a paid summer internship). Following immediately from that (excluding a weekend) I was on a zero hours ...
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1answer
34 views
Cancel contract ordered from online shop via email in Germany
I live in Germany and have ordered a part for my Angel Juicer from an online shop (cca. 100 EUR). The part is not available on the online webshop directly, so I contacted the seller. The seller said ...
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1answer
20 views
Settlement agreements over statutorily limited contract terms
In some jurisdictions, certain types of contracts have terms which are set by statute. For instance, employment contracts might include a certain minimum number of vacation days, or lease agreements ...
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1answer
66 views
Family won’t let me have farm equipment I have a Bill of sale on
I have A bill of sale signed by me(buyer) and grandfather(seller) it is a document I printed with terms that I was purchasing farm equipment as is in the current condition with equipment model and ...
0
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1answer
58 views
Rental: am I responsible for all maintenance, including that caused by wear and tear, under $200?
tl/dr: My property manager (PM) states that I'm responsible for all maintenance under $200 in the home, regardless of whether it is the result of damage I
cause. This is on the basis of a clause in ...
2
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1answer
27 views
Does an unlawful contract duration invalidate termination deadlines even after lawful extensions?
The following question is relevant for Germany. The contract of interest is with a gym, which might be relevant because contracts with them sometimes have special rules.
In Germany, a contract with ...
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1answer
32 views
Which legal specialty covers the sale of potentially profitable information?
In There Will Be Blood (2007), there is a scene where Paul Sunday sells information about there being oil where he grew up.
This struck me as something very difficult to negotiate, because, while ...
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1answer
56 views
Is there such a thing as a “one way” contract?
There are two parties to a contract. Call them Party1 and Party2. The contract will take effect when Party1 meets condition precedent A, and Party2 meets condition precedent B.
Party1 meets condition ...
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Is offering a proxy web service illegal in India?
Can I offer a service that fetches the page input by user and return the data as it is in response as a web page under my domain?
I will simply send a request from my server to the provided
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14 views
Transfer of an received offer to another person?
Short question, in the European sphere, about the transfer of an offer to another person.
Suppose when applying for X, and the application is accepted by Y, whereby Y then proceeds to produce an ...
2
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1answer
32 views
Are Online Contracts signed by a Minor and their Guardian/Parent Legally Binding
Amazon Web Services in their agreement explicitly requires you to be able to lawfully enter into contracts.
[...] You represent to us that you are lawfully able to enter into contracts [...]
If I ...
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3answers
1k views
Free, conditional permission/service: contract or not?
This can be seen as another "is a free licence a contract?" question (inspired by this and this), but it focuses on the very basics of the underlying relation between parties.
Alice and Bob do not ...
2
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1answer
39 views
UK - Joint Tenancy - Renewal/Replacement Tenant Fee
A fixed-term 6 month joint AST agreement ends in April 2020. The agreement had three tenants listed on it. One tenant is leaving (former tenant) two are remaining.
The former tenant notified the ...
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1answer
47 views
How Do Determine if Signer of a Contract is Authorized to Sign?
Suppose I send out an agreement to a potential client. Someone at the client's offices signs and dates the agreement (using an online electronic contract management service).
Some employees may ...
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2answers
196 views
Delivery of oil bought through futures contracts
What happens if someone is forced to take physical possession of many barrels of oil that they bought on the open market, but they have no storage space left to put it?
ETA: In jeffronicus answer ...
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Negative pledge covenants
I am a layperson trying to better understand negative pledge covenants.
Is following a correct example of a negative pledge covenant? John borrows $500 from Jane. Jane makes John sign a contact ...
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3answers
52 views
Updating a contract
Lets say there are 3 entities: X ,Y ,Z
X owes money to Y stipulated in a contract named C
Y wants to change the contract , so that X now owes money to Z - we will call this contract C1
What needs ...
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1answer
42 views
What is the legal definition of “week” in the context of an independent work agreement?
I have an independent work agreement with a client and there is some ambiguity with the definition of the word "week" which is being used to describe a fixed quota that should be achieved per week.
...
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3answers
69 views
UK Tenancy Renewal, Lockdown and the Law
Our fixed term tenancy will finish on 31st July; with a two month notice period. I believe it’s likely that we will still be in lockdown by the end of July. I think it’s very likely that we’ll still ...
3
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3answers
98 views
Can reading a something mean agree to to a contract?
I understand that a contract can be created by the actions undertook by the involved parties. When you visit a website you agree to the ToS by using the website (regardless if you read it or not). ...
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2answers
93 views
Can an employer charge employee/contractor a processing fee for payment?
I had worked for a company (whether as an employee or contractor is disputed). They would e-transfer me payments and take a small amount off to cover the cost of e-transfer. I told them I never agreed ...
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2answers
85 views
What is the worst scenario if I stop paying the last four months of rent?
So here's my situation. I have signed a pretty standard rent contract saying that I would rent an apartment in Atlanta for 12 months (August 2019 to July 2020). Because of COVID, I have vacated the ...
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1answer
39 views
Personal liability formum shopping: When does US personal liability law apply? When can it's application be excluded?
I am interested in the possibilities of forum shopping in regard to personal injury claims. (Tort and contract.)
For the sake of argument, lets assume a manufacturer M that manufactures electronics ...
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2answers
78 views
Is it legal to instruct an employee not to put contract concerns in writing?
TL;DR
My COO sent me a contract that would amend an existing employment term (salary). I raised concerns regarding the terms of the contact. COO explicitly told me
you don't need to put it in ...
2
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1answer
63 views
Is It Illegal To Test A Website For Exploits Regarding My Personal Info?
American here. I'm not a hacker or anything, just a normal computer science student. Anyways, I believe that my university has left an exploit open through their hub where anyone can use the modular ...
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2answers
92 views
Was Tiger King guilty for shooting that horse?
Jurisdiction: Oklahoma, U.S.
Alleged facts:
Alice can no longer afford to keep her old horse and gives it to Joe.
In exchange for the horse, Joe promises Alice he will treat it well and give it a ...
2
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1answer
31 views
How many witnesses are required to a tenancy contract in England?
We need to get a new AST rental contract between ourselves and existing tenants. Given the current rules on minimising contact and travel in the UK we'd like to minimise how many people are involved.
...
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1answer
48 views
Sweden, evicting a flatmate whose name is not on the lease
Me and my two flatmates are renting an apartment from our landlord through an agency. The only name on the lease is the one of Flatmate 1: each month we give him the money and he pays the whole rent ...
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1answer
65 views
How are UK contracts without force majeure clauses adjusted for covid-19 delays?
I have a scaffolding license with my neighbours which permits me to scaffold in their garden for an agreed period for an agreed price. The issue is that my construction work has stopped due to the UK ...
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1answer
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How is “raising defences to summary judgment” an example of a contract being undermined that can be prevented with a NOM clause?
In Rock Advertising Ltd. v. MWB Bus. Exchange Centres Ltd [2018] UK 24 Lord Sumption lists reasons why No Oral Modification clauses are beneficial.
"The first is that it prevents attempts to ...
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What does 'in reliance on the security of their receipt' mean?
My questions
Can I just substitute "security" for "secured transaction"? But then "in reliance on the secured transaction of their receipt" feels weird.
How can you rewrite or paraphrase "in reliance ...
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Why doesn't Sudbrook apply, when two parties agree to appoint valuers but one doesn't and claims 'reasonable price'?
Poole, Shaw-Mellors. Contract Law Concentrate (4 ed 2019). pp 34-35.
Please see the green side-lined box on p 35. Why doesn't Sudbrook apply? The facts in the practical example liken Sudbrook more ...
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2answers
46 views
Can a non-performing party to a contract hold the “partially performing” party to it?
A customer walks into a car dealership and buys a car, signing a contract with a down payment and monthly payments. The customer makes the down payment (partial performance). But when he wants to ...
