Questions tagged [contract-law]

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

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14
votes
1answer
8k views

What is a contract and what is required for them to be valid?

What is a contract? What elements are required for validity?
3
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1answer
192 views

What effect does an event like the current Covid-19 pandemic have on contractural obligations?

Across the world, the current pandemic, and various government responses to it will impact on parties abilities to perform their obligations under a contract. What are the legal implications of this?...
4
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2answers
910 views

Are terms of service legal contracts?

Are ToS considered contracts in and of themselves, enforceable under contract/civil law? Generally I'm talking about the Common Law systems in the major regions (UK, North America and Oceania). ...
1
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1answer
782 views

Would what happened in South Park (human centipede) be legal?

There's an episode of South Park where buried in the terms and agreement of iTunes, you agreed that Apple could forcibly make you into a human centipede. See: In the real world could this happen? ...
16
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1answer
32k views

When can an NDA be legally broken?

This question is purely theoretical, I promise. Let's say a person signed a Non-Disclosure agreement under certain terms, and then, somehow, they witnessed an illegal act but were forbidden to report ...
9
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2answers
4k views

Is it necessary to state in a contract that if one part is found unenforceable, the rest still is?

I've seen in some contracts clauses stating something like If a term or condition is found to be unenforceable, the rest of the contract still remains in affect. Is this necessary? Unless ...
4
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2answers
574 views

What if the user disagreed with the Terms of Service, but still registered on a website?

This is purely hypothetical, based on an anecdote told on a web design lecture a long time ago. Most websites nowadays require you to click on a little checkbox that usually says I agree to the Terms ...
13
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1answer
9k views

How to prove the genuinity/nongenuinity of a signature?

I'm not a law student, but I'm very interested in the topic and learning in general. I got curious about contracts and signatures recently, so I wondered if there have been cases where contracts ...
4
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4answers
561 views

Does there really exist such thing as “no contract” when doing business with other party?

Sales persons are sometimes advertising their service as "contract free", so that they would get a better chance to convince you to sign up for their service. I guess the reason why this works is ...
8
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1answer
3k views

US laws of firing an employee

This is a follow-up from my previous question. Following my discussion with HR about the ethical violation of my manager and some colleagues, I was suddenly fired without any prior notice from my ...
5
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1answer
3k views

Confiscation of cellphones in public schools

School started today. I'm just reading the code of conduct about cell phone usage. It states that on first violation of the policy the device will be confiscated and held until a parent (me) comes to ...
4
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4answers
683 views

GDPR - Is consent really necessary for contact form?

I am looking for an answer that is supported by the GDPR, so please try to quote GDPR parts as you answer. The internet is on fire (developers especially) now that the GDPR is on strength. There are ...
3
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6answers
754 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 ...
1
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1answer
151 views

Indepdendent/Contractor vs Regular Employee

I was about to ask another question but think I should start at the basics. What exactly does it mean to be working as a contractor? Many jobs require you to sign some contract (e.g. non disclosure ...
45
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3answers
10k views

Can I sign legal documents with a smiley face?

The signature on my driver's license is a unique and identifiable smiley face :-) I use this signature to sign all legally binding documents. A lot of the time, people reject it, and request an "...
25
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6answers
13k views

If a contract sometimes uses the wrong name, is it still valid?

I was given a contract, which at the top states my name and says "herein referred to as contractor" but in several sections of the body, it appears that there is a mistake where they use the word "...
4
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2answers
17k views

Is other party by law required to give you a copy of contract, if you don't have one, but he does?

I am helping a friend who has signed some documents for her business with a Credit Card Processor company. However, at the time of signing up for this service she forgot to ask for a copy of all ...
5
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3answers
46k views

What happens if two clauses in a contract come into conflict?

This is a hypothetical scenario, but hopefully it is appropriate for this board. Suppose that two people enter into a contract which contains clause A and clause B. Further suppose that, in general, ...
4
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1answer
432 views

Is a contract made through social media binding?

At my local college I've taken on a course about law and currently we are learning about contract laws and was curious about the binding nature of a contract. Let's say there is a stock broker and ...
4
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4answers
1k views

How to gather Compelling Evidence to prove that business is fraudulent?

My friend's small business agreed to a one-month risk-free trial service from one Credit Card Processor company. However, she did not like the service, because it did not live up to verbal promises ...
3
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1answer
608 views

What type of lawyer would I need to help me deal with issues of academic misconduct?

What can stop a university from doing whatever they want and screwing students over in terms of accusing them of cheating, plagiarism, or a misunderstanding of professor authorization of essay re-...
3
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2answers
265 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 ...
6
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4answers
711 views

What is the point of website Terms and Conditions?

I was considering answering How prominent must terms of service be?; when I was struck by a thought: what is the point of website Terms and Conditions anyway? Clearly, if they form a contract and ...
6
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4answers
24k views

How to prove a party received a specific letter?

I signed up for a membership service with an HVAC company some time ago, and I've now decided its time to cancel my membership due to lack of use. There isn't a nearby customer center where I live, ...
4
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2answers
4k views

Signing vs initialing a contract

When should/are initials used, in the context of a contract? How are they different from a signature of a full name? Come to think of it, is it required that a person's signature be their first and ...
3
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1answer
124 views

Why Offer Arbitration Opt-Out

As I understand it, in the United States there is no legal obligation for a company to offer its customers the opportunity to opt-out of their arbitration agreement. So why do some companies offer ...
2
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1answer
5k views

What does this “no waiver” clause mean?

In a resedential lease, what does this paragraph mean? No Waiver. The failure of either party to insist in any instance upon the strict keeping, observance or performance of any provision of ...
2
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2answers
291 views

When a contract is being analyzed in court, is it the understanding of the parties or the written contract that is to be established?

This is a difficult question to phrase so bare with me. From reading questions on this site, I understand that a written contract (e.g. a lease) is only a written record of the actual contract, that ...
2
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1answer
394 views

In a contract what is the difference between indemnify and defend?

In a contract what is the difference between indemnify and defend? I often see them used together though I believe there is a subtle difference. If party x is to indemnify party y then x can't sue y. ...
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2answers
758 views

Charging someone with theft of virtual currency

I've done some reading about gruesome tales of folks spending hundreds of thousands of dollars on video game currencies only to have their accounts irreversibly stolen or lost due to a bad in game ...
1
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1answer
71 views

If a party says something about interpretation of contract, is it binding?

Contracts can be complicated and lots of companies prefer to use boiler plate. If someone is asked to sign a contract and then asks a question about it, does the answer given by the drafter have legal ...
1
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2answers
229 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 ...
1
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1answer
58 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 ...
1
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2answers
994 views

Is there any point in having Force Majeure in a contract?

Isn't force majeure statutorily implied in every contract whether or not explicitly stated. Further, is there any point in having a definition of force majeure as "including, but not limited to... - ...
32
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4answers
136k views

How to prove I live in a specific address?

https://www.flhsmv.gov/ddl/address.html I need to provide proof of address for the DMV, but the process can be difficult because: I live with someone else; I do not pay rent/utilities; and they will ...
12
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3answers
10k views

Mistakenly agreed with a scammer’s term of use

Say, someone was scammed by a false online bitcoin mining service. He invested some money to buy the scammer’s service, the service was said to produce bitcoins online at a very fast speed without any ...
33
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4answers
21k views

Does ripping up the only signed contract form invalidate it?

Suppose I sign a contract in front of witnesses, but then immediately tear it up. Is the contract still binding?
3
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1answer
359 views

No written contract. Do I have to pay undisclosed early termination fee?

A credit card payment processing company agent approached my business and offered to try out their service for free for a month as a trial. However, I decided not to use it after this one month trial,...
22
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4answers
9k views

Would a contract to pay a trillion dollars in damages be valid?

Let's say you write a contract with someone, and you want to make sure they don't breach it. You could just have them covenant certain things, but then they'd only be liable for whatever damages you ...
17
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5answers
11k views

May a person accept and keep bribes so long as they act lawfully?

This isn't a situation I'm in, but rather something I'm curious about. If a private person (outside of any position of authority) is bribed to keep an illegal act they witnessed secret, but chooses ...
17
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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 ...
12
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2answers
8k views

Do scans of signed documents have the same legal power as the original document?

It is quite common for various parties online to exchange signed documents in signed form (such as contracts for remote work). Would these documents have any power in a court of law? Is it necessary ...
12
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1answer
2k views

Can you be bound to an unsigned contract even though services are rendered informally?

So you are working on a project to build a SaaS (Software as a Service). You prepare a technical contract and have it reviewed by intellectual property lawyers and it passes their approval. You ...
8
votes
1answer
475 views

Do faculty own the copyright to course materials they create even if their contract or university IP policy specify otherwise?

An answer on Academia.SE claims that in general, any lectures, slides, textbooks, or scholarly articles you [as faculty] write belong to you and not your school, and this is true regardless of ...
6
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1answer
840 views

Is it possible to legally prohibit someone from linking to specific pages on your website?

By linking I meant to give exact instructions about how to find a specific page on the site, for a user with enough privilege. It can be a URL, or a demonstration of where you should click, etc. The ...
5
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1answer
1k views

Are “exact change only” policies legal?

I parked in a garage that has an automated pay-to-park kiosk - you specify how many hours you wish to purchase, and then insert payment. For two hours of parking, the price was listed as $6. It was ...
5
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1answer
975 views

Is contract valid if only one side signed it?

The company sent me the contract, I signed it and returned back to them, so now they should sign and send me the copy. In Germany, what if they decide to not sign and withdraw the process. What one ...
4
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2answers
256 views

Is it legal to unlock artificially limited hardware yourself?

Some companies sell hardware that is limited by some means, so that they can charge for upgrades. For example some Tesla cars have batteries with some capacity unavailable to the user unless they pay ...
10
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3answers
1k views

Free, conditional permission/service: contract or not?

This can be seen as another "is a free licence a contract?" question (inspired by this and this), but it focuses on the very basics of the underlying relation between parties. Alice and Bob do not ...
8
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1answer
874 views

Big corporation in the UK, Intellectual Property and a Contract

I've recently been offered a job at a large technology corporation based in the UK. I've yet to sign the contract but I found something in it which concerns me. Intellectual property, ideas and ...