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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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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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0answers
84 views

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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1answer
39 views

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 ...
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2answers
113 views

Contractor bailed after getting paid in full

I live in South NJ. I have a 25k contract with a building contractor. However, they bailed once they got paid in full from the financial company. Before I knew that they were playing games they kept ...
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1answer
62 views

Are non-guaranteed delivery service contacts legal? [EU]

I had a parcel shipped with a company (not courier itself). Delivery took over 10 days instead of 2 days. During the order below message was displayed. Parcel delivery within 2 working days ...
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0answers
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Default Governing State for NDA

If an NDA does not list the governing state in the terms, what is the default state that governs if legal action is taken? Which state has jurisdiction? (Parties reside in two different states)
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1answer
36 views

In what circumstances can a missing person be replaced in business deals?

Suppose there's two people who found a startup company as associates in the USA. In case one goes temporarily missing, is it possible for the other to take over decisions for both of them (e.g. agree ...
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1answer
95 views

Data & privacy: what is the actual extent of this audio/video approval form?

In the context of a tech conference I'll attend, a big tech company is organizing a social event which requires to RSVP. The process involves a form, with an obligatory check box to the following ...
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2answers
147 views

Landlord wants to include a clause where tenant pays rent if property is vacant after leaving. Is this legal/enforceable?

I'm asking on behalf of a friend. I don't have the contract to copy in relevant clauses. A landlord proposes to change the rental agreement. The new clause states that when a tenant leaves, they pay ...
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1answer
139 views

Am I at fault? Can I get my security deposit back from Landlord?

I signed a weekly rental agreement in Pennsylvania to live in someone's home. I ended up not staying and I text messaged the landlord that I left and no longer wished to stay. The landlord says he ...
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1answer
39 views

Unauthorized Business Site License

Any business lawyer? Please answer my question. My house has been used by a previous tenant to obtain a site license from the California Department of Health and Human Services (DHHS), to run a ...
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1answer
48 views

Can a voided option contract be transferred to a new company?

I gave a deposit of $10,000 and signed an option contract with a franchisor for a franchise to open within 12 months or the contract was void. The franchisor failed to deliver and refuses to refund my ...
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1answer
93 views

Damage to rental property after abandonment/final checkout with landlord

We recently moved from one rental to another. Due to finding our new place rapidly, we submitted our 30 days notice on July 15 which was also our starting day at the new place. We had nearly moved ...
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1answer
121 views

Can a Rental Contract Supersede State Law?

After several years of habitability issues (which were eventually fixed after 4 years), our landlord is asking us to sign a settlement agreement that would release them from all liability dating back ...
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1answer
83 views

How can auto sale contract be breached

Customer goes to a dealership in Texas to buy a used car. Car is test driven and customer likes it. Customer makes agreement to buy the car, and they settle on a price. Customer signs a deal with a ...
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3answers
3k views

“This provision survives the termination of this Agreement.”

In a business contract, does the following statement : "This provision survives the termination of this Agreement." Means that the provision survives for a unlimited amount of time? Is there a ...
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1answer
154 views

Lease dispute, over email and text message

I am a college student signing a lease for an apartment to rent for a year. I was told verbally by the sales representative that on-site indoor garage parking would be included with the rent. The ...
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2answers
59 views

Is a text offering to cancel a lease binding?

If you are having an on-going issue for more than a year and your landlord sends a text stating If you want to break the lease, you can forfeit your deposit and move out by the end of the month is ...
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2answers
101 views

Is a president bound by employment contracts entered into by one of his predecessors?

The implication of the US Constitution is that the executive power is vested in the President, but where the laws overlap with this power it seems to be a gray area. For example, it would be plainly ...
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2answers
57 views

Can I appeal the denial of NY Senator McGee's scholarship after being awarded?

I take online courses for a masters in nursing education with Aspen University. The university is headquartered in NY and is accredited by a regional accrediting agency of the US Dept of Ed. I live in ...
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0answers
41 views

what criteria do 1099 contractors have to be considered employees?

Let’s say someone owns a hairstylist shop. They have people who come in and cut hair but they pay them on a 1099 basis. However, they require them to be there at certain times and perform work that ...
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1answer
176 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 ...
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1answer
83 views

Non disparagement agreement with one company name I posted under another company name on LInkedIn

I signed a non-disparagement agreement that says the two parties are "Employee" (my name here) and "Company" (Company Old Name Here). The company changed names and I posted something on the LinkedIn ...
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1answer
126 views

What happens to a contract when company is disolved?

I have been renting a property (residential) for 10 months from a limited company. I wanted to move out of the property recently, they informed me I still have two months left on my contract, i ...
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0answers
49 views

Can addressee of lost in post item break the privity of contract between sender and post?

Alice, living in country A, sold an item to Bob, living in country B. She sent the item using A Post, tracked but with no insurance (the sale contract obliged her to ship the item, not deliver). The ...
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2answers
57 views

Is it illegal for a fitness center to deny my request for a copy of my contract? Also is it illegal to cancel a membership via phone in Tennessee?

I tried to cancel a gym membership over the phone and was told by the girl it would be taken care of. Then I end up in collections for not paying dues. The gym is telling me it’s illegal to cancel a ...
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1answer
120 views

Company changes its legal name but not that on its staff handbook. Can I ignore the staff handbook?

In UK employment law, the staff handbook often forms part of the contract. I work for Company XYZ. This is clearly stated in my contract. The handbook is for Company ABC, which is my employer's old ...
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1answer
81 views

How long do you have to collect a unpaid debt?

If a client refuses to pay an invoice for work completed, how long do you have to file a claim? I have a written contract but they sent me a letter canceling the agreement.
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1answer
417 views

Does a Company Handbook effectively constitute an extension to the Employment Contract

In my employment contract it is stated (in so many words1) that I must adhere to the rules set out in the company handbook. Does this make the handbook an extension of the contract? Out of which ...
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1answer
50 views

Question about NDA Term

I am currently reviewing our company's NDA templates and came across the following term: This Agreement shall remain effective for six (6) months from the Effective Date. All obligations of the ...
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0answers
95 views

Inventions Assignment Agreement in California

As I was being hired today, I was asked to sign a "Confidentiality and Inventions Assignment Agreement" which partly reads: "I agree that all right (...) to any copyrightable material (...) ...
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2answers
128 views

Can a business unilaterally change a contract?

Suppose a customer enters into a lease- or subscription-type agreement with a business, where the business either provides a physical thing that the customer takes and uses, or the business does a ...
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1answer
66 views

Can I be sued for demanding a refund for a service that was not provided?

Over the past few months I paid for a 1 year subscription to an online tabletop roleplay gaming service. The seller had no ToS to be signed and recently after critique about the service began ...
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0answers
54 views

How to challenge validity of housing inspections in regards to eviction

Jurisdiction is Western Australia. If a landlord is experiencing financial troubles, and is attempting to evict their tenants on false grounds, in order to increase his sale price or make finding a ...
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1answer
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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 ...
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1answer
298 views

When two promissory notes represent the same debt, which one is legally valid?

An application was completed for a FFEL guaranteed student loan consolidation including a signature on the bottom, promissory note section. The guarantee company insisted a second, computer generated ...
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2answers
123 views

What legal remedies exist when a computer game crashes a computer?

If a company sells a video game that consistently crashes computers with a certain type of graphics card, does the law allow a consumer to force the game maker to patch the error or otherwise correct ...
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4answers
128 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 ...
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2answers
101 views

Clause in contract - is there a law protecting me from a landlord abusing it?

Context So, I'm going through the process of creating a shorthold tenancy with a private landlord in the UK. We've done our references and now are down to signing the contract. Everything in the ...
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2answers
92 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 ...
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Construction Contracts: Who retains the hardcopy?

It seems obvious that a Contract Administrator would retain the 'original' hard copy of a Construction Contract between an Employer and a Contractor, but is this correct, and is it expressly stated ...
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2answers
118 views

Can a person be held responsible for a breach of contract by another person?

I once worked as a contractor for a certain company. That company required me to sign an agreement that contained the following: 5.2. Protection of Confidential Information. Contractor ...
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1answer
57 views

Is overselling breach of contract or mistake?

Where does overselling stand in terms of contract law? Say Bob runs a record store. One day, Pete pops in and asks for a specific rare CD. Bob does not have it but his friend Rob does, and Bob is ...
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1answer
92 views

Are date ranges in contracts inclusive or exclusive?

I was recently in a dispute over whether a date range in a lease was inclusive or exclusive of the start and end dates. The wording was: The lease starts on 14/1/2016 The lease ends on 13/1/2017 So ...
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1answer
252 views

Does section 2870 of the California Labor Code apply if my employer has headquarters in California but I do not work there?

I do not live in California, but my employer does business, has headquarters, and is incorporated in California. Which state's laws apply to the employment agreement? In particular, does Section 2870 ...
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2answers
124 views

Is it still a contract even if it is described by a party as “not a contract” even if adhesion law applies between multiple parties?

Suppose two parties have a relationship that might be a contract under U.S. law. Suppose one party is an individual and the other is not, so that if it's a contract it would be a contract of adhesion, ...
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1answer
57 views

Can a company receive a payment and never provide the paid service?

I was wondering a question about a situation I'm involved in. Prefacing that I live in Italy, where an European directive states that every customer in their territories must have legal rights to ...
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3answers
644 views

How long can my girlfriend stay over at my place despite not being on the lease?

I have recently signed a new lease and moved into my new place. The place I have moved in is a unit in an apartment complex. The manager of the complex told me I cannot have guests for more than 14 ...
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1answer
180 views

Can a contract be cancelled/rescinded after both parties have signed it but not in effect yet?

Is it possible to cancel/void/rescind a contract after both parties have signed it but the contract is not in-effect yet? Of course, the cancellation has been decided after mutual agreement. For ...
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0answers
43 views

Tenancy agreement with a starting date in the past

I've signed a contract for tenancy which apparently started two whole months before I even signed the contract. I overlooked this starting date at first because frankly I didn't expect it to be in the ...