Questions tagged [contract-law]

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

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Introduction to business law

In business law our lecturer asked,; Who pays for a good damaged after a customer selects items from a shop or super market to buy,is it the customer or the owner of the business He therefore ask the ...
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1answer
31 views

Usage: “Error of Fact”

If a contractor asserts a series of false statement in a record, whether it is mistaken or intentional, is it incorrect to label the group of false statements "Error(s) of fact"? Upon looking up an ...
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1answer
195 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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0answers
31 views

Cancellation of broadband contract?

I am having problems with my broadband service provider (talk talk), it has been now 2 weeks since I started having intermitent connection issues, low speeds and it is really frustrating that by the ...
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1answer
20 views

Requirements for assignment of debt or benefits of contract to a third party, in UK law

My question is, what is required under UK law to assign the benefit of a debt or small contract, to a third party. Although it relates to an actual dispute, the question itself is simply about legal ...
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3answers
4k views

How can a company compel a W2 employee to sign a non-compete agreement?

Assume the company is in Delaware and been taken over by a larger corporation: If one already has the job, is it possible to for the larger corporation to compel existing employees to sign non-compete ...
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15 views

Legal Competency of a Minor For Arizona LLC

In Arizona, United States, can a minor, as a member (perhaps, sole member) of a Limited Liability Compancy (LLC), enter into a legal binding agreement on behalf of the company? Arizona appears to ...
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1answer
22 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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2answers
31 views

Hold Harmless-Want on half of LLC and NOT self

I recently applied to a position to teach yoga, as an independent contractor. I have formed an LLC, and now the gym would like me to sign a hold harmless agreement. I want to make sure the LLC is ...
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1answer
64 views

Confidentiality clause in a contract (Netherlands/EU)

I have a contract signed at Oct 2016 and valid for one year. It has the following lines: OBJECTIVE OF THE AGREEMENT This contract is valid for one year. Also, it has confidentiality clause: ...
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2answers
65 views

Why is it common for settlment agreements to be confidential?

I've noticed a lot of settlement agreements have confidentiality clauses, stating that the terms and facts of the settlement agreement can't be disclosed. Why would someone want to do this? It seems ...
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1answer
107 views

If someone sent me a gift in exchange for a favor and I did said favor can I be required to return the gift?

A friend recently mailed me an X-Box One and a Samsung Galaxy S10 in the condition that I complete Nightwave Season 2 for them in a PlayStation Network Video Game known as Warframe. So I did log on ...
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1answer
41 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
129 views

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). p. 98. 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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2answers
280 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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1answer
83 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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1answer
48 views

Declining Binding Arbitration of credit cards and banks (after sign up)

Recently Chase was making a change to its user agreement and was automatically assuming your consent to abide by binding arbitration unless you opted out explicitly by sending them a snail mail with a ...
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2answers
109 views

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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3answers
169 views

Can a company insist that contract terminations be done over the phone?

This article in The Guardian says: Virgin Media is one of those companies – Sky is another – that insist customers terminate their contracts verbally, rather than by email or letter. It is very ...
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1answer
63 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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1answer
84 views

Facebook contract Vs Minors

A minor's ability to contract at face-value is straight forward, any contract with a minor that is not for necessities (food, medicine, clothing, and lodging), and was not approved by the parents/...
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1answer
400 views

Does Mojang break the law with restrictions in their EULA for Minecraft?

Minecraft is a world building game that is produced/sold by Mojang AB. Minecraft may be played both offline (local data) or online (connecting to a server). Minecraft's EULA says that you may not ...
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2answers
70 views

What is my relationship with a service company contracted by my insurance company?

I am wondering about the legal terminologies that define a relationship that I have with a service company. Some maintenance work was needed for several appliances at my home, so I contacted my ...
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7answers
44k views

If a company agrees to pay travel cost for a job interview, is the promise binding and enforceable?

There is a question on workplace.SE about a company which offered to pay travel costs for a job interview, but canceled the return ticket after ending the interview - Potential Employer Cancels Return ...
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2answers
56 views

What is the correct way of discharging contract when parties can't agree on shipping?

When selling stuff on TradeMe, one way of specifying shipping options is "To be arranged". That is, seller can skip researching shipping options/costs and only worry about it once the item is ...
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3answers
81 views

If party doesn't do what's agreed in settlement, can you sue again or is enforcement the only option?

I filed a dispute with the Civil Resolution Tribunal (CRT). A settlement was reached. Two terms of the settlement were the defendant will make available my property for me to pickup parties agree ...
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3answers
68 views

What is the equivalent for “Consideration” (English common law) in Spanish speaking countries?

Consideration is a concept of English common law and is a necessity for simple contracts. Consideration may be thought of as the concept of value offered and accepted by people or organisations ...
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21 views

Does an indemnification agreement saying it was not induced by improper conduct make sense?

I am a beneficiary of a family trust, being forced to sign an indemnification agreement, similar to the situation described in Why California codified "A trustee may not require a beneficiary to ...
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0answers
10 views

Is it ok to sign stock power before payment?

I'm selling some restricted company stock. The company will confirm from me about the payment and then only transfer ownership to the buyer. There are 2 documents I've been asked to sign by the ...
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105 views

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 isn't (▲) fulfilled by the two cases ...
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3answers
6k views

Can a business put a specific cancel-by date into a contract?

I attended a gym in Michigan and canceled my membership on 8/28/19. I paid month to month and was under no long term contract. Even though I moved and haven't visited the gym since 8/17/19, I'm being ...
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2answers
158 views

Why is “without regard to conflict of law” necessary?

I often see governing law clauses that state something like The contract is to be governed in accordance with the law of the State of California without regard to any conflict of law principles ...
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44 views

Legal issues in hiring an artist the create artwork for commercial use

I am thinking of hiring an overseas artist from Upwork to do the drawings for me. Just wondering if there any legal issues in me doing this and using the artwork in YouTube videos that may generate ...
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1answer
47 views

Independent contractor, feeling like an employee - Will California's AB5 change my classification?

I have been an independent contractor in California for a number of years with a business. Some of my tasks include graphic design, ad creation and management, search engine optimization, product ...
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1answer
35 views

Teacher license laws

As a teacher, am I bound to a 30-day notice if I never have signed a contract for the past 3 years for the position I am currently working? I have another job offer which requires me to give a 2-week ...
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2answers
40 views

How do I write an agreement between a token issuer and token bearer?

I'm making a decetralized blockchain app that lets users create tokens and sell them to other users with the agreement that the issuer will repurchase the tokens at the bearers demand. So its pretty ...
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1answer
24 views

LLC change contract dispute

We entered into a work contract with an outside contractor who has not completed their scope of work but want compensation. The contract was written with our old LLC name which is no longer active. We ...
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1answer
14 views

Is it possible word a contract such that it brings in all the features of registering a company?

I've just understood the concept of writing a contract. It is just an agreement between two people written on the paper and signed by all the parties involved. So, if it is possible to write contracts,...
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1answer
75 views

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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2answers
159 views

False employment promise

I entered into a program which comprised of going to a specific trade school with an explicit promise of a one year paid apprenticeship upon successful completion. At the end of the program, I was ...
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0answers
44 views

Solemnization of a marriage

In a marriage license, there is a section in which witnesses write their signatures and verify that such a marriage has taken place in their presence. Is it true to say,” I was a witness to ...
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1answer
36 views

Initialed items on contract

Customer signed the contract and initialed the line items where indicated. After customer left employee realized contract didn’t print and hit print again; when printed the initialed items did not ...
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3answers
38 views

question regarding contractual liability

suppose company A gets raw material from company B to produce final product which is to be delivered to the company C by company A. if company B fails to provide material because of which company A ...
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1answer
74 views

Missed to reply notice

Somebody sued me for breach of contract. The case is in circuit court. The judge gave a trial date. However, plaintiff sent me an updated complaint copy after that. I thought it's just an update. I ...
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33 views

Is an agreement made through WeChat enforceable? [duplicate]

If and counterparty and I agree to a contract through WeChat, is that contract enforceable?
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2answers
93 views

How to say “ entangled parking space”?

As an official translator, I need to be loyal to the text in such a manner that no words are omitted. In translation of title deeds there’s a section which specifies the metes and bounds of the ...