Questions tagged [contract-law]

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

Filter by
Sorted by
Tagged with
0
votes
1answer
29 views

Contract Conflict

My new contract states that "Effective... you will begin accruing vacation time at a rate of 6% of your annual earnings. This is equivalent to three weeks (120 hours) of paid vacation entitlement on ...
1
vote
2answers
119 views

What is the concept of by enforcing the law a person cannot be forced to break the law called?

I remember long ago I was watching one of those judge Judy type shows and an interesting case came up. Two roommates came to court because they had a valid rent agreement but the one housemate was ...
1
vote
3answers
82 views

Can a company change its contract only for a specific person?

If a rich man is doing business with a company and they want him to sign a contract, can they present him with a different contract than the one they give to other customers to try and take advantage ...
-2
votes
1answer
54 views

Why court action would probably be required to enforce the strict legal position so that it would be necessary to initiate proceedings?

Why would you "probably be required to enforce the strict legal position so that it would be necessary to initiate proceedings", when you have Tool Metal? Poole, Shaw-Mellors. Contract Law ...
-1
votes
1answer
32 views

“Intention that implies false statement of fact that”, “Opinion that implies false statement of fact that”

Do the two that-clauses below bewilder you too? How can they be rewritten more basically? 1 flummoxes me as it contains 2 "opinion"s. But I grasp that "opinion is held on reasonable grounds" ...
-1
votes
1answer
61 views

Can we bring a foreign national to court in Australia?

I have a contract violator who is a foreign national. Can I bring him to court in Australia? The contract was made online. It was just a simple email: will you do this task for me? I will pay you ...
0
votes
1answer
62 views

If someone is sued in Singapore, can he transfer all his assets to europe?

Just wondering what if someone know he's about to get sued say in a modern country like Singapore. he transfers all his assets (such as cash) overseas to another modern country like Germany. Then he ...
1
vote
1answer
57 views

Innocent Misrepresentation v. Mistake

How does Innocent Misrepresentation differs from Mistake? Scriven Brothers & Co. v Hindley (1913) (quoted below) illustrates my bewilderment. Defendant made a false statement of fact, acted upon ...
0
votes
0answers
12 views

Indemnity v. Restitutionary/Reliance Damages

How does "indemnity" differ from "restitutionary/reliance damages"? Why do these four textbooks all still write "indemnity", when the first textbook quoted below advises it's "more accurate to ...
2
votes
3answers
151 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 ...
0
votes
0answers
18 views

Can you void a condominium agreement of purchase and sale using the Status Certificate condition when nothing is obviously wrong in it?

Here's what the contract says: This offer is conditional upon the Buyer obtaining an existing status Certificate from the seller at Seller's expense within Ten[10]banking days from acceptance of ...
0
votes
2answers
70 views

What is the term for the human behavior of not being able to truly understand what it means to abide by a legal contract until after the fact?

Sorry if this is in the wrong place or just a dumb question. It honestly expect it to be rejected. However... I'm curious if there's a term for the human inability to fully predict what it will be ...
0
votes
1answer
38 views

Designated Representative - HOA

In reference to this statue, https://www.azleg.gov/ars/33/01804.htm ...or any person designated by a member in writing as the member's representative and all members or designated representatives ...
1
vote
2answers
338 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 ...
1
vote
1answer
62 views

HOAs and Personal Assistant

What can my personal assistant do when the HOA sends me a violation or other such letter? Can they research the CC&Rs, Bylaws or other such states, federal statues to help me better understand the ...
1
vote
3answers
149 views

What if someone violated a business contract and you don't have the money to take them to court?

I'm in Australia. Legal costs are very expensive, can go up to USD $50,000. What's the use of contracts if you can't take a contract violator to court? Any party is free to do anything. Or worst, ...
0
votes
0answers
52 views

Intellectual property in the Age of Industry 4.0

I am looking for specific references describing guidance principles around the interplay between IP (intellectual property) and Artificial Intelligence algorithms. For example, Company A has a large ...
0
votes
1answer
58 views

Can a NDA be non-terminable for an indefinite period of time?

I have been given a NDA which say it is "unilaterally non-terminable for an indefinite period of time". Is this legal? Can they enforce me to keep the NDA forever? They also said that "The ...
0
votes
2answers
78 views

Can a contract overpower a statute?

In essence, contracts are supposed to abide with statutes. But is there a way for a contract to overpower the laws passed by a legislative body? (e.g. Regulation of minimum wage)
2
votes
5answers
122 views

What's the difference between a “representation” and a “representation and warranty?”

From what I understand, a "representation" is a statement of fact that underpins e.g., a contract. My understanding is that a "warranty" is a promise that if something isn't true, it will be "made ...
4
votes
1answer
160 views

What does “in the course of” mean?

I'm trying to decipher the Proprietary Rights section of a contract I've been asked to sign. Does "in the course of providing services" mean "during the same time as providing services" or "for the ...
2
votes
3answers
108 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 ...
0
votes
1answer
62 views

What does “materially different” mean?

My father is an artist who is considering building a sculpture for an organization. as part of the contract he is prohibited from making copies of the sculpture in the future, or any works that are ...
-2
votes
2answers
143 views

Can a coder from Pakistan steal my code and sell it worldwide?

Say I hire a team from Pakistan to help me develop a SaaS Product. Can any legal measures protect me if the team decides to steal the product, publish it in the cloud and start generating money from ...
1
vote
2answers
43 views

What is the meaning of consensual principle for the basis of making law of contract?

What is the meaning of the consensual principle for the basis of making the law of contract?
2
votes
2answers
57 views

What's the difference between “void” and “voidable” as it relates to duress?

There are two types of duress. Those that result from threat of physical harm, can "void" a contract, and those from non-phsyical threats make a contract "voidable." What is the difference between ...
0
votes
1answer
35 views

How would a minority share holder VETO power be provisioned in a company constitution?

To protect minority shareholder and potentially attract investors, a company would give minority shareholders the power to veto certain decisions. Typically decisions that would erode their ...
0
votes
1answer
32 views

What do I put on an “Accepted” line?

I received a letter of intent to sign and the signature block has a line after "Accepted" as though I should put something there. <Legal Entity Name> ACCEPTED: _______________ BY: ...
0
votes
1answer
46 views

Difference between terms and clauses in a contract

I'm new to legal terminology used in contracts. I'm trying to understand the difference between terms of a contract and clauses of a contract. All the sites have referred so far provide no clear ...
8
votes
1answer
600 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 ...
0
votes
1answer
33 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 ...
0
votes
2answers
38 views

Contract law: implicit payment?

If I enter an establishment that offers drinks/coffee/food and say "I'd like a coffee/beer/whatever" and the waiter gives it to me, shouldn't they explicitly mention that it's not for free? If some ...
1
vote
2answers
170 views

Can men in various countries make pre conception child support deals?

Charlie Sheens are told to pay $50k a month for his child. What about before conceiving babies Charlie said, "Look, if I knocked you up, I would only spend $2k." In theory, a girl may have to choose ...
0
votes
0answers
12 views

Relationship between subsections in an agreement [example provided]

Section 1.3 states "A student may be suspended or restricted in accordance with Section 5 of Policy A" Section 1.4 states "In circumstances where a student is X, the student may have restriction ABCD ...
2
votes
1answer
222 views

We sold a salvage car as-is. The buyer can't get it Titled. Do we have to fix it?

We recently sold a car that we weren't aware there was a salvage title on. The money has already been exchanged and the title signed over to them. The buyers, discovering its salvage status, are now ...
1
vote
1answer
47 views

Cancelling the 3rd party service contracts

My business partner and I recently purchased a small Ltd company. Each of us holds 50% shares each. No changes were made and we simply purchased the business as it is, simply the ownership changed. We ...
0
votes
2answers
53 views

What is the status of 'Good Faith' in Australian contract law?

Answers from other jurisdictions (particularly united-states and europe) state that there is an implied duty of good faith in contracts. Is this the case in Australia?
0
votes
1answer
22 views

Is non-solicitation specific to hiring capacity

If a person signs a non-solicitation agreement with company A, that limits them from soliciting coworkers to another company for one year after the end of their employment. Is that specific to the ...
0
votes
2answers
34 views

What's the difference between “no strict construction” and “contra proferentem” clauses in contracts?

The two seem very similar in purpose. Here is an example of one each: https://www.lawinsider.com/clause/no-strict-construction No Strict Construction. The language used in this Agreement will be ...
1
vote
1answer
27 views

Agreement for voluntary contribution on a non-open source project

I'm the owner of a free, but non-open source, Android app. I have received many offers by my users to voluntarily contribute by translating the app in other languages. What does this mean by a legal ...
0
votes
1answer
29 views

Why's it paradoxical that Wrotham Park damages protect the claimant’s performance interest by enforcing a sale of the claimant’s right?

I scanned both pages. Mindy Chen-Wishart. Contract Law (2018 6 edn). p 538. Paradoxically, Wrotham Park damages protect the claimant’s performance interest by enforcing a sale of the claimant’...
2
votes
0answers
238 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 ...
2
votes
1answer
28 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 ...
0
votes
1answer
26 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 (...
1
vote
1answer
71 views

Is there an “official time” in the EU, and if so, which is it?

With regard to the Brexit today, I was asking myself when exactly it goes into effect. It should be 31st January, 2020, 23:59:59, but which time zone? This leads me to the question, if there is an ...
2
votes
5answers
339 views

How are open source licenses valid without consideration?

I'm not a lawyer or law student in any capacity, but I've read in multiple sources that a contract is not valid unless there is consideration for both parties. With this in mind, how can licenses for ...
0
votes
2answers
38 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): '...
2
votes
1answer
42 views

(or) in contract language

Contract statement: An activity must be performed annually or as scheduled by the Department. What is the correct interpretation? 1.) The Department may schedule more often than annually, at their ...

1 2 3 4 5 32