Questions tagged [contract-law]

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

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9
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1answer
7k views

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

What is a contract? What elements are required for validity?
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1answer
498 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
27k 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 ...
8
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2answers
3k 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 ...
2
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2answers
381 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). ...
11
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1answer
6k 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 ...
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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2answers
362 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 ...
2
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4answers
184 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 ...
4
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1answer
118 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
891 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 ...
4
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3answers
34k 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, ...
2
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2answers
157 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
523 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 ...
4
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2answers
3k 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
113 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 ...
3
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1answer
174 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-...
2
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1answer
303 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. ...
2
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2answers
250 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 ...
1
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1answer
4k 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 ...
1
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1answer
49 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 ...
42
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3answers
8k 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 "...
31
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4answers
17k 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
312 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,...
25
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6answers
10k 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 "...
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 ...
17
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5answers
8k 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 ...
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 ...
6
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1answer
781 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
654 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 ...
4
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4answers
469 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 ...
4
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2answers
217 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 ...
11
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2answers
5k 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 ...
6
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1answer
315 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
237 views

Are the Q&A posted on Stack Exchange websites valuable consideration?

In order to form a legally binding contract it is necessary that both parties provide valuable consideration. Is the provision by a user on this (or other Stack Exchange sites) of a question, answer ...
5
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1answer
829 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 ...
5
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3answers
318 views

Can contracts include irrevocable terms of imprisonment for breach?

As noted here: At least in Israel, by agreeing to marry under religious law a person is irrevocably subject to that law's rulings, to the extent that a religious court can sentence one to a term in ...
3
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2answers
183 views

What does “reasonable” mean?

I have seen the phrase 'reasonable conditions' used quite often in legal texts, and I always get nervous, as I don't know how to interpret it. Imagine a Confidentiality and Assignment Agreement with ...
3
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1answer
135 views

Arbitration Clause: Account Credits vs Money Stipulation

I'd like to start off by saying that this is somewhat of a follow-up to a previous question I had asked back in June, 2016. I've continued to struggle with trying to find an agreement that resolves ...
1
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1answer
127 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 ...
1
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5answers
2k views

Is airline ticket overbooking fraud?

What protects airlines (if anything) from fraud charges when they sell same ticket to multiple people for a single flight? Why might this be fraud? In most consumer transactions (the norm), if I sold ...
1
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1answer
28 views

Is there a “standard template” NDA contract that covers a majority of businesses requiring protection of proprietary information?

The following paragraph stood out as unusual for an NDA that a friend was asked to sign: “Terms and Termination. This Agreement shall terminate two (2) year(s) after the Effective Date. The ...
0
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3answers
351 views

If there was no written contract in the first place would a phone call be enough to terminate relationship with the other party?

My friend's small business engaged in a relationship with another company that provides credit card processing service. They did not ask my friend to sign a written contract at the time of signing up ...
7
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1answer
752 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 ...
6
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1answer
8k views

Can I cross out parts of a contract before signing it?

Assume there is a contract that was typed on a computer then printed out, and only one party needs to sign it. Examples of such contracts are "sign here to show it's ok for us to contact your ...
5
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1answer
223 views

How strict should I be with “to the best of my knowledge”?

The Question: In many legal documents, there is a section for you to sign where you declare that the document is correct to the best of your knowledge. If something small or relatively unimportant ...
5
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1answer
458 views

Why is “as is” in quotes in the GPL?

In the GPL, why do they put quotes around the phrase here: EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY ...
5
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1answer
399 views

USA: Does a user who has falsely stated that he/she has read an EULA or similiar agreement risk liability solely for the false statement?

Many software products and Internet services require that users agree to an EULA or terms of service agreement before the product or service can be used. The user is often required to state that he/...
5
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2answers
207 views

DHL lost packet, Sender does not answer

The Scenario I bought a notebook online from a private person. As he lives to far away, we agreed on he sending it via DHL. I paid the money, he took the packet to the mail office, but the packet got ...