Questions tagged [contract-law]

For questions about laws related to contracts, an agreement between two or more parties.

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Refund when resident dies in assisted living - with particular contract terms

A General Hypothetical Situation: An elderly individual is in an assisted living facility and passes away within the first week of a month. The individual's family seeks a pro-rated refund for the ...
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2answers
47 views

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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What Legal rights and or Legal actions can I take against a company who sold me something different from what I ordered

I ordered Ridged Brand 3' fence slats from a sub-company who claimed on line that they had them in stock. When I received my order I found that the Company sent me the 5' Ridged slats, which they ...
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2answers
59 views

Can we withdraw a document if the signed witness declares that he did not see the parties signed on front of his eyes?

Someone tricked me to sign a document without paying attention to content. The person also made 2 persons to sign the documents as witnesses. I want to withdraw the document, is it enough that the ...
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3answers
118 views

If a celebrity autographs a legal document without realizing it, are they bound by its terms?

Suppose a celebrity autographs whatever fans hand over (usually in an enthusiastic, crowded, and rushed setting). Suppose one item being signed is a thousand-dollar I.O.U. (promissory note or some ...
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1answer
43 views

Who approves the creation of new shares in a Proprietary Limited Company?

I'm struggling to find a concrete answer for this. Who approves the creation of new shares in a Proprietary Limited Company? Is it the Board of Directors (through board resolution), or Shareholders (...
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1answer
50 views

Order status Cancelled on the merchant website considered as relevant proof with legal common sense

An e-commerce order was returned back to the merchant, but they didn't give me reciept, a practice common in Indian e-eCommerce. But on the merchants website now the order is marked as cancelled. In ...
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1answer
810 views

Fired for refusing overtime? (Canadian Engineer)

So I'm in a bit of a tricky situation right now, and would like some advice. Here is the relevant background information: I am a salaried employee (engineer in training) based in Ontario, Canada. ...
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1answer
98 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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1answer
43 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
4k views

Can employer legally stop paying time & 1/2 to exempt employee after stating in the offer that they would do so?

Late July I got a job as a computer programmer on a 6 month contract with the agency that recruited me (although I actually work for another company). The job is W-2, paid hourly, but as I'm a ...
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2answers
65 views

Old Employer Contacting New Employer to Threaten Regarding Future Contract(s)

I recently resigned from the company I was with after some strong disagreements about the direction and architectural decisions of some senior members of staff, and started work for a new one. During ...
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45 views

Can an employer force me to quit my old job, claiming it's a conflict of interest, if I never agree to it in an employment contract?

This question is about when is something legally binding. Say I am interview for a new company. They advise me that continuing to work for my old one (even on a part time basis) would be a conflict of ...
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1answer
46 views

Do the words “100% Money Back Guarantee” or “100% Satisfaction Guarantee” have any legal significance?

For example, say Acme Corp, a California Corporation, sells a free digital audio book on their website for $30 to Bob, who lives in New York. On Acme's web site, next to the payment button, they have ...
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1answer
151 views

Insider trading due to mis-sent email?

Something that happened to a friend recently. This friend is in charge of negotiations for company A. An individual from company B, accidentally sent my friend minutes from a recent meeting outlining ...
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1answer
37 views

Help with legal interpretation: Employment termination bonus repayment

If you voluntarily terminate employment with the Company or for any reason fail to return from a non-job-protected leave of absence prior to one year of employment anniversary date, you will be ...
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1answer
38 views

If I have backed out of moving into my apartment, is my lease still binding/ am I entitled to a refund if my guarantor never signed the lease?

so I am 22 years old and from the state of New Hampshire. So I'm a recent college graduate and during the last 2 years, I have rented through the same leasing company with no problems. Fast forward to ...
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3answers
83 views

Can a NDA define that, any information disclosed is incorrect and invalid?

Can a non-disclosure agreement specify that, after signing, any information disclosed or will be disclosed to any third party without permission is invalid, incorrect, and not factual, and this ...
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2answers
84 views

What happens to my contract in the event of a death

I contracted a website development company (Company X) to design a brand new website for me from scratch. After an email conversation, we agreed on a price and that included a year's worth of free ...
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1answer
33 views

Missing budget due to employer-sponsor misunderstanding: is that breach of contract?

As per title, 50% of the budget for my salary is missing due to an employer-sponsor misunderstanding. The sponsor is giving 0.5 full time expecting that my employer would take care of the rest. On the ...
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2answers
101 views

Can a company sue the employee of another company on the basis of property right?

To clarify the title: let's say company ABC has entered into a contract with company XYZ, where it has ordered, and paid for a server farm. But 2 weeks before delivery an employee of XYZ destroys the ...
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1answer
80 views

If you want to study the basics of law, where should you start?

Should you focus on memorizing the individual laws, or read court cases, or come up with scenarios? Should you study from the point of view of a lawyer or an individual citizen? What if laws change? ...
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1answer
185 views

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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2answers
62 views

Why do agreements contain clauses already covered by the law?

Many times, lawyers include clauses in a contract that is already covered by the law. For example recently, a customer's lawyer wanted to add a clause to our service agreement that in summary says &...
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2answers
99 views

What responsibilities do mobile phone operators have if a plan they offer is ruled illegal in court?

There was a recent court ruling by the European Court of Justice about net neutrality (source, unfortunately in German). Essentially the operators where offering plans with a limited full speed ...
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0answers
95 views

Car left in storage unit

Assume that Bob owns a car that is not up to code. Because he can't fix it, he stores it in a Pennsylvanian storage location without insurance. Because Bob didn't pay that, it defaulted and the ...
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2answers
64 views

Personal liability forum 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
75 views

Subletting in California on a month to month lease

I have a friend who is a sublandlord in California and he's on a month to month lease. He wants to move out because the house is in terrible condition and the subletters are terrible roommates. How ...
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1answer
91 views

Is it a myth that a single owner LLC protect the owner's personal assets?

I own 100% ownership of an LLC. I started this LLC because everyone gave me advice that if the company is sued, the banks won't go after my car, my house or etc. As I dig deeper into the legal ...
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1answer
134 views

Terms of Contract changed during drafting of Written Contract

I entered into discussions with an owner to purchase his business. During the process I agreed verbally and via email to pay for the owners lawyer to draft the purchase and sale agreements. The ...
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2answers
47 views

How do you know if person agreeing to contract is agreeing as an individual or binding company?

Related to this question What is the point of authority to sign clauses in contracts? The simplest example I can think of is a work contract. Manager Bob signs a contract saying you will get paid $20/...
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1answer
58 views

Is it legal in the US to force you to buy insurance (as a bundle) for something you already have insurance for?

For example, a company that rents out car parking spaces requires that I will also buy insurance for the property inside my car, while I already have insurance for the property inside my car. For ...
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2answers
84 views

What is the point of authority to sign clauses in contracts?

Example from https://www.lawinsider.com/clause/authority-to-sign Authority to Sign. Each of the persons signing below on behalf of any party hereby represents and warrants that s/he or it is signing ...
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1answer
51 views

Is an independent contractor liable?

If an independent contractor performs work or provides consulting services to another company, and that company suffers a loss (or deems to suffer a loss) due to the independent contractor, can they ...
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1answer
96 views

Can one “donate” to enter a prize draw?

If someone incites donations by including donors into a prize draw, is it still donation? Or is it contract? Gambling maybe? Passport: Back to Our Roots is doing that: "Everyone who donates will ...
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1k views

How long are schools allowed to confiscate items from students?

According to this question and the corresponding answer, schools are legally allowed to confiscate items from students. This is not considered theft, as the intent is not to permanently take the item ...
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1answer
28 views

Can a co-founder sue another co-founder from company constituitional infringements using courts of another country?

Say a company is incorporated in Dubai. All Shareholders live in Australia. A co-founder does something against the company constitution, such as diluting other co-founder shares. Can the other co-...
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2answers
84 views

After exchange of contracts in property purchase, what happens if someone has COVID-19 on the completion date?

Say I am selling my home to a buyer and also purchasing a house from someone, and the chain of sales goes no further than this (for the sake of simplicity). All house sales are in the UK, where you ...
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6answers
335 views

Are editable word documents ('.docx' files) accepted in court as evidence?

I keep most of my business documents in Microsoft Words (.docx) file format. Problem is these documents can be edited and tampered with. For my signatures, I just copy and paste a signature image onto ...
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2answers
84 views

Can a party decide that something that wasn't initially considered confidential, now is?

If I have signed a confidentiality agreement with an employer or client, can they provide me with information that would generally be considered non-confidential but then change their mind and require ...
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1answer
95 views

Can a company repo your car if they are not on the title or contract and cannot show any proof they have ownership of the vehicle?

I leased a car in oct of 2018. Shortly there after I received a text message from a company in texas saying they bought the contract. No word from the original company. They never said they were ...
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1answer
89 views

Is home buyer allowed to back out from purchase in case seller sent materially different disclosure form after buyer removed contingencies?

Before visiting a property seller sent C.A.R. TDS form via email that stated that "guest house was remodeled without permits". Since guest house was advertised as part of property and ...
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1answer
71 views

Is it legal in the US to bundle renting a car parking space and buying insurance for the content of the car?

Is it legal in the US for a company that rents out car parking spaces, to bundle the renting of a parking space to buying insurance for the content of the parked car? I.e. the company refuses to let a ...
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2answers
72 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 ...
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2answers
934 views

Legal principles in refusing to pay advertised reward for return of lost item if it was returned without knowledge of the ad

Say person X lost his valuable item and advertised a reward for the return of it. Person Y, who knew X personally, found the item before reading the ad, and returned it to X, who just thanked Y for ...
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2answers
70 views

Creating a contract that will prevent you from amending it

So the question is, can you create a contract that will prevent you and other persons involved in from amending it? Let's assume that two parties agree on
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1answer
59 views

Am I interpreting “Removal of Contingencies With Offer” clause properly?

C.A.R. purchase agreement has following paragraph that has a checkbox next to it: C. REMOVAL OF CONTINGENCIES WITH OFFER: Buyer removes the contingencies specified in the attached Contingency Removal ...
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1answer
478 views

What does “severability” mean in the following context?

Parties A and B signed a contract governed by New York law. There were three "conditions precedent" for the contract to take place.None of these conditions precedent had been fulfilled on ...

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