Questions tagged [contract-law]
For questions about laws related to contracts, an agreement between two or more parties.
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Is it legal for restaurants to not pay their courier the tips we pay them?
Is it legal for restaurants to not pay their courier the tips we pay them? I used SkipTheDishes and paid 15% in tip and the driver told me that the tip is given to the restaurant and not to him, which ...
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0answers
17 views
Best way for 2 startups to raise capital together towards building a product combining our tech? [on hold]
What legal options do 2 startups have to raise venture capital together? Each can bring complementary things to the table in order to build a product together. What are the safer ways to join forces ...
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1answer
34 views
Is it legal to pay a potential political candidate to do something that would disqualfy them from running for office?
Before an election is it legal to pay someone to move out of a jurisdiction so that they will not be allowed to legally run for a specific office?
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1answer
22 views
What is a factual matrix?
How do we identify the requirements of determining what a factual matrix is in relation to answering problems in contract law?
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3answers
59 views
Can a contract alter a lease?
I rent an office in a small office building in Connecticut. I've leased this office for many years and currently don't have a lease. The owner of the building has decided to sell, and the new buyer ...
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41 views
Consensual behavior contract
Is a BDSM contract binding if both consents and clear violation clause to end contract are present. One part sent erotic/porn to other. Who own material.
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1answer
35 views
Examples of Intellectual property scare tactics [closed]
What are examples of Intellectual property rights that are often used as scare tactics? ie like fake patents
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1answer
58 views
Hiring part-time IT contractors who are under an IP assignment clause in their day contract
I plan to engage a contract developer part-time in the UK through his own Ltd. He's currently contracting in the day time for a software company. My project is in a very different area. However, that ...
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3answers
120 views
Are Text Messages Legally Binding Even If I Signed A Contract
I paid someone a lot of money for 3 different services. All 3 of these services were agreed upon in text message format but then I signed a contract that only explicitly mentioned 1 of those services (...
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1answer
47 views
Looking for any case that connects an assault and the signing of arbitration agreements, possible duress
Heading off the obvious response; I have already tried multiple search engines. There is so much "noise" from unrelated cases that I can't find what I'm looking for with a simple web search. I'm ...
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2answers
66 views
What does “rejection of an arbitration provision mean”?
Chase Bank/JP Morgan Chase recently added a provision to their terms for cardholders about arbitration. So customers are receiving notices about this change, but at the bottom of the notice, it says ...
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1answer
15 views
Contract terms are binding as long as services are provided on a mutually agreed-upon basis
Context: B2B Contract
If one party chooses to discontinue future service, does this statement void the rest of the contract?
Contract terms are binding as long as services are provided on a ...
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29 views
Must a mailing address be provided for return of damage deposit?
My ex-landlord isn't returning my damage deposit. He gave a crazy reason (e.g. decided after the fact to charge me for using his furniture and claims I didn't pay utilities). When I told him I ...
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3answers
80 views
Access to Small claims procedure
I had a Limited company UK contract, with an Agency and worked at their end-client.
After working for a few months, my job was suddenly terminated by the hiring manager (i.e. the end client, no ...
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1answer
116 views
What is the best way to proceed with a legal action against US company from abroad?
Some time ago I have signed a contract with Premiere, US company which is looking for young talents while they were on their trip to Europe. Part of the sum I payed with a credit card and another part ...
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1answer
59 views
How binding are NDA's? [closed]
I live in South Africa, I have some research work that holds very good financial potential. This research to be conducted will be done in a group headed by me, how can I protect my idea from being ...
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2answers
28 views
How to combine these contract statements so they are directly related? [closed]
I have listed on Exhibit A each Internet domain name that is registered in my name, or in the name of any person or entity that I own or control, as of the date of this Agreement.
and
I agree ...
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1answer
34 views
What is meant by exclusive jurisdiction?
For example from lawinsider emphasis mine
Forum Selection. Any litigation based hereon or arising out of, under
or in connection with this Agreement, may be brought and maintained
non-...
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2answers
144 views
did you consent because you could have seen a poster?
Instead of a signed release, in recent years I'm seeing posters saying that if you walk in an area you consent to the commercial use of your likeness for unlimited purposes without payment. At least ...
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1answer
30 views
To evade the penalty rule, how can penalties be redrafted into primary terms to make the event that triggers payment not a breach? [closed]
Mindy Chen-Wishart. Contract Law (2018 6 edn). p 568.
Kindly see the red underline.
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2answers
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Want to sue my former employer for wage theft; or settle
I have not been paid wages for April 2019 and was abruptly laid off on May 8. I want to sue the company. They are moving money out of the U.S., telling employees we'll be paid soon, and seemingly ...
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1answer
53 views
“will” and “shall” legal contractual value
I need help to understand the legal value of this sentence from a contract: " Contractor will invoice CRO monthly" and "CRO shall send payment for services in X days". "Will" and "shall" have the same ...
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4answers
5k views
What are my options legally if NYC company is not paying salary?
UPDATE:
I was just let go today, May 8. After being let go, 2-3 hours later I was asked to sign a general release. Obviously I declined. I told them I cannot sign a general release as I have a claim ...
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2answers
39 views
Contract with lack of complete by date?
I had a medium-sized job contractor (< $10k) verbally agree to a complete-by-date of 2-3 days from the day he came out with a quote. The contract he sent lacked any sort of "complete by" date, or ...
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To businesses using Condition 8, why are the outcomes in Phillips Products v Hyland and Thompson v Lohan inconsistent?
The two cases are
Phillips Products Ltd v Hyland and Hamstead Plant Hire Co Ltd [1984] EWCA Civ 5 and
Thompson v T Lohan (Plant Hire) Ltd [1987] 2 All ER 631.
Condition 8 was the same in both, and ...
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0answers
12 views
Why could Change of Position 'logically allow lenders to retain a charge for the sum lent to debtors in reliance on the guarantee's enforceability'?
Mindy Chen-Wishart. Contract Law (2018 6 edn). p 359-360.
Howes Percival LLP Partner Geraint Davies Manchester Polytechnic (1988 LLB), Guildford College of Law (LSF 1989). outlined (the defence ...
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0answers
22 views
Why could the ‘but for’ tests swallow up virtually all duty-defining clauses?
Mindy Chen-Wishart. Contract Law (2018 6 edn). p 432.
Kindly can someone expatiate the
red underline?
green underline?
In the green underline, what do 'the parties' normative rights and ...
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1answer
38 views
What does 'the presumption [of undue influence] is not legal' mean, if being legal reverses the burden of proof or make the presumption irrebuttable?
Mindy Chen-Wishart. Contract Law (2018 6 edn). p 349.
See the green underline. I feel as if 'legal' isn't the most apposite diction here. Am I correct that the author doesn't intend to say '...
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2answers
34 views
How's a “mere failure to perform future obligations” equivocal and equally consistent with not exercising the right to repudiate the contract?
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 376.
15.54 Acceptance of a repudiatory breach must be clear and unequivocal, but need not be by
express words. As the court said in ...
2
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1answer
51 views
How does the first limb of the McRae test make the second limb unnecessary?
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 312.
The green (party's believing a mistaken unreasonable belief) obviously can be distinguished from the red (about causation). ...
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1answer
29 views
What “former requirement” certainly has no place in estoppel?
Screenshot on the left: O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 328.
Right: Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 466.
To what does the red underline ...
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1answer
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Why's it “strange” for a judge to impose voidness on a guarantee?
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 200.
I don't understand the red sentence underlined in red. Isn't it gainsaid by the orange underlines beneath? I understand the ...
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Why's it “not strictly true” that an act, done before promising to pay or confer some other benefit, can sometimes be consideration for the promise?
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). pp. 77-78.
This post's title is based on the teal sentence marked by the red triangle (▲).
How don't the two cases in the sentences ...
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3answers
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How to judge if a contract is detailed enough?
What is a contract and what is required for them to be valid? explains the basics of a contract. However, any simple contract may potentially have ambiguities that would make it difficult or ...
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2answers
36 views
How to write a contract for a future purchase
I'd like to make a contract with my associate to buy something from them at a future time. In the financial world, options like these (for stocks and commodities) are traded all the time. I'm looking ...
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1answer
34 views
Why ought a third-party promisee to a contract make his claim in the alternative?
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 135.
How's the red underline true? How's "third parties" ambiguous? The textbook refers to the Introduction that doesn't define "third ...
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1answer
47 views
Is Automatic renewal of Custodial Contract signed 10 years ago by board member that only had one year authority enforceable?
We just awarded a new janitorial services contract and sent a termination letter to the old contractor. The old contractor produces a near 10 year old agreement/contract signed in 2009 with an ...
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1answer
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“It makes sense for the promisor to request, as the price of his promise, that the other party should benefit some third party”?
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 93.
Can 'the other party' (underlined in red) be interchanged with 'promisee' here?
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Why couldn't the Ministry of Defence fetter its public law powers by promising not to transfer a SAS soldier?
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed).
The red underlines fit para. 31 of the judgment:
In the present case the price for which R's promise was bought was the ...
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1answer
42 views
What's the antecedent of “it”? “A’s promise is only good consideration for B’s because the law regards it as enforceable and therefore of value”
O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 90.
5.5 Better still, keep in mind some common examples of consideration in practice:
• Simultaneous contract and performance, ...
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1answer
47 views
Why'd a claimant be allowed to recover deposit if it acts in bad faith, when a contract obligated good faith and reasonable endeavour?
O'Sullivan & Hilliard's The Law of Contract (Core Texts Series) (2018 8 ed). p. 83
4.29 A similar issue arose in a slightly different way in Shaker v Vistajet Group Holding SA
(2012). There, ...
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2answers
57 views
How does the 'legitimate interest protected' by exorbitant credit card interest differ from that of exorbitant interest 'on outstanding fees'?
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). pp. 425-426.
This question's title refers to the red underlines beneath.
What exactly is this 'legitimate interest protected' by exorbitant ...
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2answers
109 views
Does signing a contract after explaining it was not legally binding count as contract fraud?
An individual recently claimed to have run into a situation where he was charged with "fraudulent contract activities" in a situation that my (admittedly quite limited) understanding of contract law ...
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1answer
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Why was 'consideration' embraced to mean 'failure of consideration', when this would be better termed as 'failure of basis'?
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 449.
Mindy Chen-Wishart. Contract Law (2018 6 edn). p 312.
I agree with
Davies that 'consideration' is ambiguous and can be ...
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Which 'condition' fits “‘basis’ or condition on which the benefit was transferred”?
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 465
Which of these three homonyms fit the 'condition' colored in green beneath? p. 449.
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2answers
63 views
How does a 'covenant' differ from a [1] 'promise' [2] 'contract'?
I'm discombublated why none of my contract law textbooks define 'covenant' when they use it many times, including Anson's Law of Contract (2016 30 ed) and Contract Law: Text, Cases, and Materials (...
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1answer
48 views
Why 'representation or warranty', not 'representation or condition'?
In Canadian and English law, representations differ from warranties^. Though they aren't doublets, why's "warranty" coupled with "represent", not 'condition'?
I quote Ashurst's distinction of them ...
2
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1answer
54 views
“so long as you remain unmarried”: Why a gratuitous promise in one fact pattern, but a contractual offer in another?
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). pp. 75-76.
Can the two hypotheticals (orange and red) be distinguished? Why's the red a gratuitous promise but the orange an offer to ...
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1answer
35 views
What does “hold to order” mean?
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 69.
Is the Best Answer from Yahoo Answers beneath wrong? I'm assuming that the rogue, Fletcher, didn't have a solicitor.
One ...
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2answers
82 views
Why's A's expected profit $.04?
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 6.
On a slightly different tack, but in a similar vein, Judge Richard Posner has written:17
Suppose I sign a contract to deliver ...
