Questions tagged [contract-law]
For questions about laws related to contracts, an agreement between two or more parties.
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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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2answers
24 views
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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1answer
46 views
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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0answers
29 views
Real estate contract law differences from general contract law
Are real estate contracts different from other general contracts in terms of the construction of the contract?
When I say construction of the contract, I'm referring to the standard provisions of any ...
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2answers
69 views
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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1answer
36 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
26 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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1answer
27 views
Can I take an employer to court over false promises and breach of contract?
Long story short,
I had an employer who IN WRITING stated I would begin receiving compensation on my start date.
As you can guess, that did not happen. Time after time, the employer would insist ...
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2answers
91 views
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 ...
2
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1answer
54 views
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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1answer
100 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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1answer
72 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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2answers
23 views
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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0answers
24 views
How did 'consideration' semantically generalize to signify 'payment or reward'?
consideration (n.)
mid-14c., consideracioun, "a beholding, looking at," also "a keeping in mind," also "contemplation, reflection," from Old French consideracion (12c., Modern French ...
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2answers
46 views
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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0answers
30 views
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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1answer
12 views
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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2answers
108 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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0answers
22 views
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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2answers
100 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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1answer
30 views
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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1answer
25 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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1answer
32 views
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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1answer
70 views
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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2answers
45 views
What is the difference between contract, deed and covenant?
What is the difference between a contract, deed and a covenant?
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0answers
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When a contract says “retroactive annuity” does that mean multi-year, or just 1 year?
I've been waiting for 5 years of back pay, and had to hire an attorney to receive it. Do they need to put the word multi-year, or does it default to being calculated on just 1 year of retroactive pay.
...
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1answer
78 views
What if a lawyer steals my idea and doesn't do the work?
I'm working on a tech startup that involves a specific industry.
Because the industry is regulated, I decided to get a lawyer to sign off on my system and tell me whether I would need to change ...
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1answer
33 views
Follow up on interpreting a paragrapgh from an MNDA in context to Ohio law [closed]
This is a follow up question from the following stack exchange question found below:
How to interpret this paragraph from an MNDA in context with Ohio law?
I would like the paragraph to convey that ...
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1answer
36 views
How to interpret this paragraph from an MNDA in context with Ohio law?
The following paragraph was included in a Mutual Non-Disclosure Agreement template between two technology companies.
The Parties agree that the disclosing Party will suffer irreparable injury if ...
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2answers
58 views
How can one try to leave a home rental lease
Person A cosigns a lease for Person B. The lease is for a house. The lease period is for one year.
The landlord agrees to allow the lease to be amended for another person, person C to be on the lease....
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1answer
16 views
Consulting agreement vs sales representative agreement
Can you tell me if there's a difference between "consulting agreement" and "sales representative agreement"? I've been asked to do a research on that but I don't know very much about the topic.
Can ...
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0answers
80 views
Is it enforceable contract to withdraw private prosecution charges for payment?
Say Rob commits a crime against Bob. Frustrated that the police won't do anything, Bob follows the private prosecution path and files a charging document against Rob.
Rob, seeing that things are ...
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1answer
34 views
Do Net Neutrality's “Reasonable network management” and “No paid prioritization” allow for tiered services?
In CA's recently passed SB822, "Paid Prioritization" is not allowed, but "Reasonable Network Management" is allowed.
MUST NOT
“Paid prioritization” means the management of an Internet service
...
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2answers
83 views
Contractor bailed after getting paid in full
I live in South NJ.
I have a 25k contract with a building contractor.
However, they bailed once they got paid in full from the financial company.
Before I knew that they were playing games they kept ...
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1answer
60 views
Are non-guaranteed delivery service contacts legal? [EU]
I had a parcel shipped with a company (not courier itself). Delivery took over 10 days instead of 2 days. During the order below message was displayed.
Parcel delivery within 2 working days ...
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0answers
34 views
Default Governing State for NDA
If an NDA does not list the governing state in the terms, what is the default state that governs if legal action is taken? Which state has jurisdiction? (Parties reside in two different states)
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1answer
34 views
In what circumstances can a missing person be replaced in business deals?
Suppose there's two people who found a startup company as associates in the USA. In case one goes temporarily missing, is it possible for the other to take over decisions for both of them (e.g. agree ...
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1answer
35 views
Data & privacy: what is the actual extent of this audio/video approval form?
In the context of a tech conference I'll attend, a big tech company is organizing a social event which requires to RSVP. The process involves a form, with an obligatory check box to the following ...
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2answers
134 views
Landlord wants to include a clause where tenant pays rent if property is vacant after leaving. Is this legal/enforceable?
I'm asking on behalf of a friend. I don't have the contract to copy in relevant clauses.
A landlord proposes to change the rental agreement. The new clause states that when a tenant leaves, they pay ...
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1answer
129 views
Am I at fault? Can I get my security deposit back from Landlord?
I signed a weekly rental agreement in Pennsylvania to live in someone's home. I ended up not staying and I text messaged the landlord that I left and no longer wished to stay. The landlord says he ...
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1answer
31 views
Unauthorized Business Site License
Any business lawyer? Please answer my question.
My house has been used by a previous tenant to obtain a site license from the California Department of Health and Human Services (DHHS), to run a ...
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1answer
32 views
Can a voided option contract be transferred to a new company?
I gave a deposit of $10,000 and signed an option contract with a franchisor for a franchise to open within 12 months or the contract was void. The franchisor failed to deliver and refuses to refund my ...
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1answer
63 views
Damage to rental property after abandonment/final checkout with landlord
We recently moved from one rental to another. Due to finding our new place rapidly, we submitted our 30 days notice on July 15 which was also our starting day at the new place. We had nearly moved ...
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0answers
29 views
UK Small Claims Court - How is 'Winning' Defined?
If one files a claim in a UK small claims court and wins only part of the claim (e.g. claims for a refund for services as well as damages and only is awarded for the former), is this considered ...
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1answer
67 views
Can a Rental Contract Supersede State Law?
After several years of habitability issues (which were eventually fixed after 4 years), our landlord is asking us to sign a settlement agreement that would release them from all liability dating back ...
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1answer
65 views
How can auto sale contract be breached
Customer goes to a dealership in Texas to buy a used car. Car is test driven and customer likes it.
Customer makes agreement to buy the car, and they settle on a price. Customer signs a deal with a ...
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3answers
2k views
“This provision survives the termination of this Agreement.”
In a business contract, does the following statement :
"This provision survives the termination of this Agreement."
Means that the provision survives for a unlimited amount of time? Is there a ...
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1answer
58 views
Lease dispute, over email and text message
I am a college student signing a lease for an apartment to rent for a year. I was told verbally by the sales representative that on-site indoor garage parking would be included with the rent. The ...
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2answers
56 views
Is a text offering to cancel a lease binding?
If you are having an on-going issue for more than a year and your landlord sends a text stating
If you want to break the lease, you can forfeit your deposit and move out by the end of the month
is ...
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2answers
94 views
Is a president bound by employment contracts entered into by one of his predecessors?
The implication of the US Constitution is that the executive power is vested in the President, but where the laws overlap with this power it seems to be a gray area.
For example, it would be plainly ...
