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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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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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What's the legalese for a licensing agreement to say it stays in force regardless? [on hold]

In a software licensing agreement, I want the parties to agree that the agreement stays in effect even if the licensor and/or licensee changes company formation (like from an LLC to a corporation or ...
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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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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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51 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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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?
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Can Mobile App Terms of Use contain General liability release?

The intent is a smart phone based app, which functions as a service(think ride share type of services). Wish to provide said service without insurance to test market feasibility. Definition(s): '...
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68 views

Invoice from work done years ago

I bought a house in 2013 in Ireland, all well and good. Before everything went ahead, I got a structural survey (recommended, not mandatory). Conversation with the surveyor went as follows: Me: I ...
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Injunction relief without posting bond

Can you explain in simple english the meaning of this sentence? Context is transfer of proprietary data. the Receiving Party agrees that the Disclosing Party may be entitled, without proof of ...
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What interest rate applies if a promissory note only sets a lower bound?

In a promissory note there is the following statement regarding interest rates: "The Borrower promises to pay to the order of The Lender, on demand at any time following the date hereof, the ...
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Why the deal between IBM and RedHat needs approval from China?

today I read cnbc magazine and they asked why shares are not 190$ when IBM is paying premium price of 190 but now are 170, one of the reason was that China has not still approve the deal. I am not ...
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Terms and Conditions of Trade - are they really allowed to be so biased toward the supplier?

I'm about to have an air conditioning system installed and the supplier has sent me the the invoice for the deposit, along with a contract which seems to me (as a lay person) to be incredibly severe, ...
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Renting in Michigan former tenant and rental agreement

I bought a house in Saint Clair Shores. Closing took place 10/1/2018. I’m friends with the previous owner, who had a tenant. We agreed that she could continue to rent for a couple months. I drafted a ...
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Can the Resedential Tennancy Act be included in situations where it wouldn't normally apply?

The Residential Tenancy Act list situations when it would naturally apply and when it would not. From http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01#section2 What this Act does ...
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Marketing rights on contractor name

Let's say I have a consultancy software agreement with a company A. This company A now decides to add my name on some campaign to raise money. Do I have the right to ask them to remove my name from ...
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55 views

Plumbing Payment Reduction

In the New Mexico, US do you have to pay someone for work if after completion you do not feel the work is worth the original amount agreed upon. For example a plumber who gives you a quote, finishes ...
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Is a contract signed by a minor and his/her guardian legally binding (US)?

Say that a small group of children decide to open a massive online mail-order lemonade stand (21st century, huh?). They agree that they will divide up the profits a certain way, and sign a contract on ...
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Marketing Agreement.

We are company A. We have a marketing Agreement with company B to market and sell all of their technologies. Company B has a JV with company C for a technology. Do we need a new agreement to include ...
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Are political deals legally enforceable?

Are political deals legally enforceable if they are in writing? For example, let's imagine a candidate makes a deal with a political party: "I agree not to run for office in race X right now, if you ...
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Can I amend a contract after end date

I'm a freelance web developer and I entered into a contract with a client in August 2018. The contract was set to end and product delivered by October 5 2018. However, due to the client changes in ...
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45 views

Are 'no contra proferentem' clauses enforceable?

Are 'no contra proferentem' clauses enforceable? It seems the point they exist is to increase fairness and removing them would inherently make contracts less fair. Also, is there another name from ...
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1answer
56 views

Client is refusing to pay invoice without W-9

I have been working on a software project for a client for several months. Up until now, there have been few issues involving payment. Now that the project has come to an end, the client is refusing ...
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73 views

Is Intentional Immaterial Fraud Legal?

Normally, an element of the tort of fraudulent misrepresentation, the tort of negligent misrepresentation, statutory securities fraud offenses, and a criminal fraud offense based upon a ...
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UK Courts Question: What was the judges final decision that may be cited as precedent in these cases?

Sheriff Court at Kirkcaldy: David Boyack v The Royal Bank of Scotland ( this case was referred to in the "Office of Fair Trading (Respondents) v. Lloyds TSB Bank plc and others (Appellants) and ...
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If a lease says that the tenant is responsible for minor indoor repairs, would replacing a broken faucet be considered minor?

In an instance where a tenant has a least that says "the tenant shall be responsible for all minor indoor repairs", could the tenant replace a sink faucet if it was leaking? Would the replacement of a ...
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Damages from a contractor

So I just got stumped in small claims court today. Judge was lovely a very nice person so I can't even blame her kick around and pout as apparently I was unable to prove any damages. So backstory, I ...
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What exactly does “without prejudice” mean and how does it work?

According to businessdictionary.com without prejudice means Law phrase: Without abandonment of a claim, privilege, or right, and without implying an admission of liability. This sounds pretty ...
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Automatic Renewal Contract / Contract Law - Licensee Cancels before Expiration Date, but not within 30 day period

Has this turned into contract law - can the licensee cancel the upcoming auto-renewal? Licensee entered into a multi-year software usage contract with Licensor. The software license is a straight ...
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When can someone legally act on the behalf of another person?

I moved out of my rental home and the landlord has not returned my security deposit. It would appear that the landlord is trying to avoid me and have her friend (who is apparently a lawyer) do all the ...
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Is this email agreement a contract and if so, does breach of contract mean we can end it?

Suppose: We received the following email proposal for a new leased line: Please find quote below for leased line Ethernet fibre: 10/100 fibre Ethernet Direct Internet Access (DIA) circuit. ...
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60 views

What does 'duty to devote full time' mean?

In a work contract there is the following term Duty to Devote Full Time The Employee agrees to devote full-time efforts, as an employee of the Employer, to the employment duties and ...
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1answer
29 views

Is This Exclusion Clause In breach of UCTA 1977

Just checking the terms and conditions of one of my suppliers terms and conditions and noticed this clause (as made bold). Does anyone know whether this is in breach of the Unfair Contract Terms Act ...
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Can an employee take an employer to court over false promises and breach of contract?

What if something like this happened: An employer IN WRITING stated that an employee would begin receiving compensation on my start date. That did not happen. Time after time, the employer would ...
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Can a bank foreclose on a home of a person who has been kidnapped?

Say that an American homeowner is traveling overseas and then he/she is kidnapped by a terrorist organization. Does the American bank which gave that person the home loan have the legal right to ...
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1answer
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Under what circumstances is a lawyer permitted to draft documents “friendly” to the other side?

There are typically two parties on any contract, call them buyer and seller. Contracts can be drafted that are neutral, or they could be friendly to either the buyer or the seller. I can see a case ...
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108 views

What is a condition precedent?

Here is a Wikipedia definition, of something that must happen before something else happens, but I'm not sure how to apply it to the law. Let's say that there is an angel investor that meets a ...
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87 views

Witness sabotaging a document with wrong signature

Suppose you are asked to sign a document (a will, marriage certificate, deed poll, etc.) as a witness. You secretly disapprove of the thing taking place and therefore attempt to sabotage the document ...
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Difference between three terminologies

I have confused many times wherever I studied about “Dacoity, Robbery and Extortion”. These three terms are closely related to each other and written in ambiguous forms
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How did 'consideration' semantically generalize to mean 'something given in payment'?

What underlies the bolded meaning beneath of consideration (n.), with all the other meanings that don't look related to recompense? mid-14c., consideracioun, "a beholding, looking at," also "a ...
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Company director resignation

If i am a director of a private limited company, can i resign from my director position using a resignation email ? Is there any chance that the company could take legal actions just because there ...
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Agents forcing responsiblity on tenants

In tenancy agreement they added a clause, Not to cause any blockage to the drains, pipes, sinks or baths. If such blockages are caused during the tenancy the tenant is liable to cover the cost ...
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S75 Liability of creditor for breaches by supplier in the Consumer Credit Act 1974 (UK)

I had a verbal contract with a contractor and part of the payment for that contract was a credit card payment of £2k in a £10K contract. Payment by credit card as made halfway during thye prosecution ...
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126 views

Can the Prisoner's Dilemma be solved with a civil contract?

The Prisoner's Dilemma is a well-known game theory problem that translates well into our real life experience. The idea is that two people who will optimize their individual and collective outcomes by ...
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My 401K contributions were not matched

I left my ex-employer a few months ago in Texas, US, being there for less than a year (I was under harassment, reported it to HR, and in response, they asked me out suddenly). I had %5 match rate. In ...
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108 views

Is a contract valid if one of the party doesn't even read it?

You might think someone must be stupid to sign a contract without even reading it. Yet I see it happen all the time, when contracts are just too long and there's no time to read stuff you suppose you ...
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What effect does it have when something contains the phrase “copyright 2018 MrAuthor”

I'm curious why some documents (both written on paper and source code) sometimes literally say something like "Copyright 2018 Bill Gates" for example. This question occured to me because I just came ...
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29 views

Contract still valid after servicer changed name?

There is no clause in the contract about transfer of service (or whatever you call it) like if it's still enforceable even after the service has been transferred to someone else. I had a contract ...
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Is it a contract: HOA Bylaws?

If the execution of payment to HOA homeowners is specified in the HOA Governing document (specific term?), is it not a contract? I ask because if the explicit payment instruction is not followed (e.g....
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Are “If you breach this disclosure agreement we may sue you” clauses *legally* necessary?

This recent question asks the meaning of the following clause in a Mutual Non-Disclose Agreement (MNDA): The Parties agree that the disclosing Party will suffer irreparable injury if its ...
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What is the difference between contract, deed and covenant?

What is the difference between a contract, deed and a covenant?