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Questions tagged [contract-law]

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

2
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1answer
53 views

Terminating contract before book is published

My situation is as follows: I signed a contract with a book publisher to write a book. The problem is now I wish to terminate the contract early. I have not received any money from the publisher yet. ...
5
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1answer
414 views

Can a dark web site exempt itself from prosecution with an immunity agreement?

Is it possible in the United States for a dark web site operator (or potentially anyone involved in an illegal activity) to create a contract that legally binds a law enforcement organization to grant ...
2
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1answer
128 views

Do I have to pay my debt collector if I collect my debt myself?

I setup an account with a debt collection service. The collectors will collect my debt for a percent taken from the owed amount. If I sue my client for unpaid debt and win a summons proceeding, do I ...
2
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2answers
102 views

Is debt a publicly tradeable commodity?

Suppose I have debt – student loans or something. So the bank and I have a contract that says I owe them $500. From what I understand, the bank can sell the contracted debt to some other ...
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3answers
14k views

If something is due on a certain day, does it mean before the day starts or the end of that day?

If a contract is written such that a payment is due on day x does that mean it is due prior to that day or any time before 11:59pm on day x? For example I've heard of a property management company ...
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0answers
53 views

Ensuring Promised Equity is well secured when joining a start up

I am currently working for a start up and we have been talking about an equity deal, where I would be compensated with some percentage of the company plus salary. I want to ensure everything is ...
2
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2answers
120 views

Can a contract clause be weakened by providing a nonsensible reason for it?

Company A is selling products to Company B at a highly discounted price. Part of the agreement is that Company B cannot resell the products. Consider the following clause in a contract between the ...
3
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4answers
207 views

Can one use a contract to enforce a bluff?

Amy has been working for Bill for 15 years. Despite the fact that Bill runs a very profitable company, and that Amy is a very productive employee, Bill has not given Amy a raise in 15 years. Bill ...
4
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2answers
295 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 ...
4
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3answers
27k 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
53 views

Review of contract with startup

I'm considering a contract with a very small startup (in the US). The compensation is largely equity-based, as opposed to salary. I understand the offer and have strong trust in the other owners (I've ...
3
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1answer
459 views

Can a doctor make you pay for something you didn't explicitly agree to pay for?

Note: this is a real example, but I don't care nearly enough to fight it; I ask purely out of curiosity. I was at the dentist and I had a few cavities filled in. My understanding from what was ...
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2answers
1k views

Does an illegal clause create liability, or just invalidate the contract?

A private company in Arizona wanted to bring me on as an independent contractor to research what they need to do for (ISO/etc) standards compliance. I was asked to sign an NDA before learning details; ...
2
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1answer
2k views

How can I transfer ownership of an LLC in Virginia?

In 2011 I filed paperwork with the Virginia State Corporation Commission (SCC) to form an LLC. I was the "registered agent" for the LLC. Now, in 2015, I would like my wife to own 100% of the LLC. I ...
2
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2answers
130 views

Can a court rule on a contract created by laws outside its jurisdiction?

Suppose a contractual obligation is formed under EU law (e.g., by consumer protection laws). Now suppose that the parties to that contract (a buyer and a vendor or manufacturer) have agents in a non-...
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2answers
3k 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 ...
2
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1answer
72 views

Are vows not to remove rights legally binding?

Part of the GPL license is that the owner of the copyright can never take back distribution rights (un license the work). Is this legally valid or is it similar to any other "free promise" ("I ...
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1answer
53 views

Contract generation via templates

I just found out about a patent application filed in 2004 covering creating legal contracts using templates. It's being pushed again: http://www.google.com/patents/US20060287966 Surely legal firms ...
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1answer
1k views

Can leasehold contracts be amended, and is this a common practice in UK?

I have recently asked following question around leasehold contract in property I am in the process of buying. It states that I am not allowed to sublet parts of building I can only sublet it as a ...
4
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1answer
455 views

When is a contract legally binding?

If one party wrote an agreement down on paper and the other party signed it, does that make it legally binding? For example, something silly like if Bob wrote on a piece of scrap paper that he will ...
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1answer
4k 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 ...
5
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1answer
674 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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1answer
197 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 ...
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4answers
439 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 ...
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2answers
158 views

How is obfuscated code treated by the law?

Hypothetical Scenario Developer, A, contracts with company, B, to write code, C, that accomplishes X. A writes C. A obfuscates C. (Obfuscation transmorphs C into C' which still accomplishes X but C' ...
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2answers
354 views

What kind of agreement/contract do I need?

I want to offer a service to small businesses (e.g. virtual assistance). The fees will be part fixed and part variable (based on the actual amount of time spent doing the work). I would prefer not to ...
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3answers
8k views

Can my manager make me do unpaid training like this?

Context: I work at a restaurant in the UK. I am new and haven't yet completed the online training Program's I have been asked to complete. It's pretty much a zero hour contract (I think it's 12 hours) ...
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7answers
6k views

Legal duel to the death?

So, I've always been a fan of the medieval ages and chivalry and honor and all that good stuff, and recently as I was thinking about it, it got me wondering. Is it possible to have a duel to the death ...
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1answer
359 views

Mistake in contract in my favor

Several months ago I signed a contract to lease an apartment in Utah, USA and took up residence in the said apartment. The contract was stated explicitly to run through August 25th. This is clearly ...
4
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1answer
456 views

Will I have to pay for training if resigned before probation?

I am based in UK. About 4 months ago I started a job that turned out to be different to what I expected. Responsibilities are below my qualifications and ambition; I was basically sold dreams during ...
3
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1answer
2k views

Under U.S. Law, what does “Notwithstanding” mean?

I am being asked to sign an non-disclosure agreement and one of the sections focuses on the ownership of any "works" (defined broadly to include everything from ideas to tangible products) which I ...
2
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1answer
126 views

Liabilities without explicit consent in contracts

I have been wondering for quite a while now about the following question and have been unable to get a definitive answer. I have asked lawyers who do not know for sure (and this is their field). My ...
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2answers
794 views

Do user agreements with a company carry on after corporate mergers or splits?

I wanted to ask in regards to the eBay/PayPal split about a month ago. Namely: Do the user agreements continue once the companies split? In my mind, because PayPal is splitting off into its own ...
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2answers
272 views

Website Partnership contract between two countries

I'm wondering what the general laws binding international partnership contracts are? For example, if the two people involved resided in different Countries what sort of legal issues would that arise? ...
5
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2answers
594 views

Open Source Software and Legal Responsibility for Software Content

I'm working with a few folks on updating some serious software for mechanism design. Engineered mechanisms have existed in the world now for a few hundred years or so. The science here isn't really ...
2
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2answers
125 views

Can I be contractually bound by terms accompanying an unsolicited document?

This is just a contract question, and I am not concerned with the intellectual property implications at this point. I'm in the US. The scenario: Suppose I was given an unsolicited document, so at no ...
2
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1answer
101 views

What am I allowed to do according to Amazon TOS?

I found this on Amazon TOS: ... You may not incorporate any portion of the Amazon Software into your own programs or compile any portion of it in combination with your own programs .. Now I'm ...
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1answer
67 views

Covenants against contingent fees

In which cases can and cannot contracts (like concession rights) be negotiated with the Government via a middleman? I.e., when can a company hire a consulting agent to help negotiate with the ...
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1answer
1k views

Is my bond (employee contract) legal in India?

I live in India and I have signed a contract of one year with my employer. But now I want to leave my company. However when I sent my resignation email they told me to take legal actions on me. ...
2
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3answers
244 views

End of lease - carpet cleaning almost 3x the 'minimum' amount in my lease

We recently moved out of a home that we were leasing for 12 months. When moving out, we called to ask how much carpet cleaning would be so we could determine if we wanted to hire our own company or ...
2
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1answer
89 views

Non est factum for contracts signed in multiple languages

We are drafting a master services agreement and associated service agreements in both Japanese and English. The MSA will be translated into Japanese from the english draft by an English speaking ...
2
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1answer
60 views

Terminology for contracts in multiple Languages

My company is having contracts drafted in both English and Japanese and we want to have the English version take priority over the Japanese. Is there a specific legal term for this structure?
4
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1answer
331 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 ...
7
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2answers
349 views

Am I obligated to sign contracts and fill out paperwork post termination?

I was asked to resign from a startup then sometime down the line the company asked me sign the following documents Terms of Resignation Employee Invention Assignment and Confidentiality Agreement ...
3
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2answers
2k views

Does a contractual notice period apply to internal transfers?

I work for a UK company. My contractual notice period is one month. Recently I've successfully applied for an internal post at a higher salary. My understanding is that I will start work in the new ...
5
votes
1answer
198 views

Is it legal to restrict housing to certain occupations?

I've spoken with a landowner in the rural area of Saratoga, California, who owns a single parcel with more land than he knows what to do with, and I asked him why doesn't he build an MDU or some such, ...
5
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1answer
378 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/...
12
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2answers
12k views

The legal length of one month

Referring specifically to employment contracts in England, I've seen contracts that specify "one month of notice" to be given before termination of the contract. This does not specify whether this ...
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0answers
66 views

What are alternatives to a Septic System [closed]

I work at a Scout (BSA) affiliated camp. Lately, we have been having legal issues with our kitchen because it does not have a septic system. In the past we have been using a bladder that has been ...
13
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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 ...