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Questions tagged [contract-law]

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

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To what extent are estimates binding in contracts?

Consider this not too uncommon scenario: Bob asks Rob to do a one-off job. Due to the nature of the job, giving a precise quotation is difficult, so Rob provides an estimate of $5,000 to get the job ...
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80 views

No witness during contract

If there is a contract with a government and there is no witness to it, what impact will it have? Is the contract valid?
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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): '...
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1answer
81 views

Invoice from work done years ago

I bought a house in 2013 in Ireland, all well and good. Before everything went ahead, I got a structural survey (recommended, not mandatory). Conversation with the surveyor went as follows: Me: I ...
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89 views

Injunction relief without posting bond

Can you explain in simple english the meaning of this sentence? Context is transfer of proprietary data. the Receiving Party agrees that the Disclosing Party may be entitled, without proof of ...
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139 views

Why the deal between IBM and RedHat needs approval from China?

today I read cnbc magazine and they asked why shares are not 190$ when IBM is paying premium price of 190 but now are 170, one of the reason was that China has not still approve the deal. I am not ...
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73 views

Terms and Conditions of Trade - are they really allowed to be so biased toward the supplier?

I'm about to have an air conditioning system installed and the supplier has sent me the the invoice for the deposit, along with a contract which seems to me (as a lay person) to be incredibly severe, ...
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Renting in Michigan former tenant and rental agreement

I bought a house in Saint Clair Shores. Closing took place 10/1/2018. I’m friends with the previous owner, who had a tenant. We agreed that she could continue to rent for a couple months. I drafted a ...
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Can the Resedential Tennancy Act be included in situations where it wouldn't normally apply?

The Residential Tenancy Act list situations when it would naturally apply and when it would not. From http://www.bclaws.ca/civix/document/id/complete/statreg/02078_01#section2 What this Act does ...
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35 views

Marketing rights on contractor name

Let's say I have a consultancy software agreement with a company A. This company A now decides to add my name on some campaign to raise money. Do I have the right to ask them to remove my name from ...
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Plumbing Payment Reduction

In the New Mexico, US do you have to pay someone for work if after completion you do not feel the work is worth the original amount agreed upon. For example a plumber who gives you a quote, finishes ...
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Is a contract signed by a minor and his/her guardian legally binding (US)?

Say that a small group of children decide to open a massive online mail-order lemonade stand (21st century, huh?). They agree that they will divide up the profits a certain way, and sign a contract on ...
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Marketing Agreement.

We are company A. We have a marketing Agreement with company B to market and sell all of their technologies. Company B has a JV with company C for a technology. Do we need a new agreement to include ...
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64 views

Are political deals legally enforceable?

Are political deals legally enforceable if they are in writing? For example, let's imagine a candidate makes a deal with a political party: "I agree not to run for office in race X right now, if you ...
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64 views

Can I amend a contract after end date

I'm a freelance web developer and I entered into a contract with a client in August 2018. The contract was set to end and product delivered by October 5 2018. However, due to the client changes in ...
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Are 'no contra proferentem' clauses enforceable?

Are 'no contra proferentem' clauses enforceable? It seems the point they exist is to increase fairness and removing them would inherently make contracts less fair. Also, is there another name from ...
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62 views

Client is refusing to pay invoice without W-9

I have been working on a software project for a client for several months. Up until now, there have been few issues involving payment. Now that the project has come to an end, the client is refusing ...
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112 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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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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If a lease says that the tenant is responsible for minor indoor repairs, would replacing a broken faucet be considered minor?

In an instance where a tenant has a least that says "the tenant shall be responsible for all minor indoor repairs", could the tenant replace a sink faucet if it was leaking? Would the replacement of a ...
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56 views

Damages from a contractor

So I just got stumped in small claims court today. Judge was lovely a very nice person so I can't even blame her kick around and pout as apparently I was unable to prove any damages. So backstory, I ...
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What exactly does “without prejudice” mean and how does it work?

According to businessdictionary.com without prejudice means Law phrase: Without abandonment of a claim, privilege, or right, and without implying an admission of liability. This sounds pretty ...
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35 views

Automatic Renewal Contract / Contract Law - Licensee Cancels before Expiration Date, but not within 30 day period

Has this turned into contract law - can the licensee cancel the upcoming auto-renewal? Licensee entered into a multi-year software usage contract with Licensor. The software license is a straight ...
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When can someone legally act on the behalf of another person?

I moved out of my rental home and the landlord has not returned my security deposit. It would appear that the landlord is trying to avoid me and have her friend (who is apparently a lawyer) do all the ...
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Is this email agreement a contract and if so, does breach of contract mean we can end it?

Suppose: We received the following email proposal for a new leased line: Please find quote below for leased line Ethernet fibre: 10/100 fibre Ethernet Direct Internet Access (DIA) circuit. ...
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What does 'duty to devote full time' mean?

In a work contract there is the following term Duty to Devote Full Time The Employee agrees to devote full-time efforts, as an employee of the Employer, to the employment duties and ...
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29 views

Is This Exclusion Clause In breach of UCTA 1977

Just checking the terms and conditions of one of my suppliers terms and conditions and noticed this clause (as made bold). Does anyone know whether this is in breach of the Unfair Contract Terms Act ...
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56 views

Can an employee take an employer to court over false promises and breach of contract?

What if something like this happened: An employer IN WRITING stated that an employee would begin receiving compensation on my start date. That did not happen. Time after time, the employer would ...
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109 views

Can a bank foreclose on a home of a person who has been kidnapped?

Say that an American homeowner is traveling overseas and then he/she is kidnapped by a terrorist organization. Does the American bank which gave that person the home loan have the legal right to ...
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1answer
69 views

Under what circumstances is a lawyer permitted to draft documents “friendly” to the other side?

There are typically two parties on any contract, call them buyer and seller. Contracts can be drafted that are neutral, or they could be friendly to either the buyer or the seller. I can see a case ...
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116 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 ...
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1answer
97 views

Witness sabotaging a document with wrong signature

Suppose you are asked to sign a document (a will, marriage certificate, deed poll, etc.) as a witness. You secretly disapprove of the thing taking place and therefore attempt to sabotage the document ...
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38 views

Difference between three terminologies

I have confused many times wherever I studied about “Dacoity, Robbery and Extortion”. These three terms are closely related to each other and written in ambiguous forms
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124 views

How did 'consideration' semantically shift to mean 'something given in payment'?

What semantic notion connects the bolded meaning beneath with all the others that aren't related to recompense? To me, nouns like remittance or solatium (if we prefer an uncommon term) fit the bolded ...
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Company director resignation

If i am a director of a private limited company, can i resign from my director position using a resignation email ? Is there any chance that the company could take legal actions just because there ...
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S75 Liability of creditor for breaches by supplier in the Consumer Credit Act 1974 (UK)

I had a verbal contract with a contractor and part of the payment for that contract was a credit card payment of £2k in a £10K contract. Payment by credit card as made halfway during thye prosecution ...
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141 views

Can the Prisoner's Dilemma be solved with a civil contract?

The Prisoner's Dilemma is a well-known game theory problem that translates well into our real life experience. The idea is that two people who will optimize their individual and collective outcomes by ...
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122 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 ...
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What effect does it have when something contains the phrase “copyright 2018 MrAuthor”

I'm curious why some documents (both written on paper and source code) sometimes literally say something like "Copyright 2018 Bill Gates" for example. This question occured to me because I just came ...
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29 views

Contract still valid after servicer changed name?

There is no clause in the contract about transfer of service (or whatever you call it) like if it's still enforceable even after the service has been transferred to someone else. I had a contract ...
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34 views

Is it a contract: HOA Bylaws?

If the execution of payment to HOA homeowners is specified in the HOA Governing document (specific term?), is it not a contract? I ask because if the explicit payment instruction is not followed (e.g....
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Are “If you breach this disclosure agreement we may sue you” clauses *legally* necessary?

This recent question asks the meaning of the following clause in a Mutual Non-Disclose Agreement (MNDA): The Parties agree that the disclosing Party will suffer irreparable injury if its ...
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What is the difference between contract, deed and covenant?

What is the difference between a contract, deed and a covenant?
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110 views

What if a lawyer steals my idea and doesn't do the work?

I'm working on a tech startup that involves a specific industry. Because the industry is regulated, I decided to get a lawyer to sign off on my system and tell me whether I would need to change ...
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Follow up on interpreting a paragrapgh from an MNDA in context to Ohio law [closed]

This is a follow up question from the following stack exchange question found below: How to interpret this paragraph from an MNDA in context with Ohio law? I would like the paragraph to convey that ...
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1answer
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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 ...
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How can one try to leave a home rental lease

Person A cosigns a lease for Person B. The lease is for a house. The lease period is for one year. The landlord agrees to allow the lease to be amended for another person, person C to be on the lease....
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37 views

Consulting agreement vs sales representative agreement

Can you tell me if there's a difference between "consulting agreement" and "sales representative agreement"? I've been asked to do a research on that but I don't know very much about the topic. Can ...
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Is it enforceable contract to withdraw private prosecution charges for payment?

Say Rob commits a crime against Bob. Frustrated that the police won't do anything, Bob follows the private prosecution path and files a charging document against Rob. Rob, seeing that things are ...
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Do Net Neutrality's “Reasonable network management” and “No paid prioritization” allow for tiered services?

In CA's recently passed SB822, "Paid Prioritization" is not allowed, but "Reasonable Network Management" is allowed. MUST NOT “Paid prioritization” means the management of an Internet service ...