Questions tagged [contract-law]

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

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1answer
130 views

Do/can integration clauses terminate other contracts?

Question 1. Sometimes it's not clear what contracts (especially implied ones) already exist. If parties want to solidify everything in a single written agreement, what's the best way of doing this? It ...
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3answers
112 views

Can a party argue they did not know a contract was changed before signing it?

This is a follow up to the question Can I cross out parts of a contract before signing it? If a contract is given to someone and they modify it before signing, and the other party doesn't notice the ...
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7answers
44k views

If a company agrees to pay travel cost for a job interview, is the promise binding and enforceable?

There is a question on workplace.SE about a company which offered to pay travel costs for a job interview, but canceled the return ticket after ending the interview - Potential Employer Cancels Return ...
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2answers
82 views

Are there any legal terms to use for charging the client for downtime hours at reduced full-time rate?

Normally, when working as a contractor, the bench time — when the client fails to provide you with the work to do, and no explicit work hours were assigned, either — is not compensated. This could be ...
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2answers
214 views

Does a non-competition clause bond me to a minimum term of employment?

I am an IT instructor in a private educational institution in British Columbia, Canada. They gave me a agreement which includes a section “non-competition clause” with these lines: He or she agrees ...
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2answers
705 views

Are text message agreements legally binding in CA small claims court?

My parents sold their house but they breached a part of the contract. As a result, the other party sued my parents in California small claims court. The court date is in 2 weeks. We've contacted the ...
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1answer
50 views

When are contracts (like NDAs) binding? [duplicate]

I have a Great Idea™ and I've found a trustworthy individual who can help me realize this. We're both private citizens in differing nations with no current employers. If I get them to sign an NDA, do ...
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1answer
71 views

Leaving company and wiping personal data

I am new here please help and answer my question. In case you are leaving the company, you worked for, if you wipe your personal data such an email you logged on or data like the logs of the websites ...
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2answers
88 views

If two spouses are named in an agreement but only one signs, is it valid?

Say there is an agreement between a company party (call them The Company), and a married couple party (call them Spouse A and Spouse B). Spouse A and Spouse B are both named in the agreement, but the ...
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1answer
60 views

Who is the owner of website client or agency?

Story : I wanted to build a website so i have hired a New Delhi India based agency. Initially they told me it will charge $2000 but they have charged me $6000 till now. And they have not completed ...
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2answers
61 views

Is intentionally advertizing and billing for more service than provided legal if the contract mentions that the quality of service is variable?

Here's the situation. A certain telecom company is advertising a "7 Mb/s" internet connection plan, and the monthly bill shows "7.1 Mb/s" internet service. When measured, connection speed is 3 Mb/s. ...
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2answers
177 views

Are over-zealous indemnity clauses enforceable?

Given the indemnity clause of a website's ToS below, am I correct in my non-legal opinion that if someone hacks my account, even if due to the sites lack of security, and causes harm or loss, I'm ...
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2answers
96 views

Is it legal for landlord to submit a post-dated check early then apply fees for it bouncing

I normally submit rent on the 1st of the month after I get paid. This month I wasn’t going to be in town on the 1st so I gave my check to my landlord early with explicit instructions to not submit the ...
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1answer
27 views

How notary documents are kept when the notary passes on

In thinking about notaries, I'm wondering what happens when they pass on. My understanding basically is that a notary is an unbiased 3rd party that observes a transaction and creates some legal ...
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0answers
51 views

How to prevent the problem of a document changing its content after you signed it

I just read this: The problem is that if there is a dispute over what was actually in the NDA later on, its going to be extremely difficult to establish what the NDA said. I'd refuse to sign an ...
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1answer
26 views

The order of operations for getting a trade secret document signed

I was thinking about how to properly create a valid trade secret confidentiality contract, and am wondering about some possible loopholes that are present. The order of operations I started by ...
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0answers
18 views

Example of a real-world (sophisticated) NDA (perhaps in the technology field)

In reading cases such as these: LEADFACTORS, LLC v. CISCO SYSTEMS, INC. Space Data Corp. v. X I am wondering what the NDA exactly looks like. I would like to know if, generally, there is a way to ...
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66 views

“Space Data Corp. v. X” on the NDA protection of trade secrets

I have a few questions about the meaning of some stuff in this case: Space Data Corp. v. X. (1) Google first contends that Space Data's claims for misappropriation of trade secrets pursuant to both ...
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1answer
133 views

Is mandatory binding arbitration enforceable if the contract violation is also a criminal violation

Given a standard contract between companies that include mandatory binding arbitration for any contract disputes: Is arbitration still mandatory when the contract violation is also a serious criminal ...
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2answers
59 views

Any Terms of Service deemed invalid due to excessive length?

I don't know any people who read TOS. I don't know any people who know people who read TOS. The only people I know who do read TOS are people on the internet, lawyers and the like. Quote from news "...
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3answers
100 views

alternatives to other party signing a contract [duplicate]

What can bind a party to a contract other than executing it by signing it by hand or electronically and delivering it? My question is only about this element in making a contract, not consideration or ...
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1answer
103 views

Can an employer steal intellectual property?

Say someone wrote some software PRIOR to employment at the company where they currently work. They presented it to a CEO and three other high level employees of the company. They expressed, what the ...
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1answer
112 views

Can seller of property impose conditions on how it is used by the new owner?

When I sell a domestic animal, can I impose a condition that the animal is kept as a pet and never killed for meat? If the new owner breaches this condition, will I be able to hold them to account? ...
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2answers
155 views

Can you reuse the text of a contract you've signed with one party with another party?

Relations between individuals and business entities are governed by law; what's not specified in the law, can be specified by a mutually-executed contract. Generally, one party provides the actual ...
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1answer
45 views

What happens if a party to a contract is purchased?

If there's a contract between parties X and Y, and Y is bought by Z, then what happens to that contract? Is it automatically as if the contract was between X and Z? Or instead, do X and Z need to ...
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2answers
93 views

Legality of employment contract clause - Training reimbursement

I have a German employment contract which stipulates that if I was to leave the company before a certain time, I would have to pay back (some of) the cost of training to the employer. In this case, ...
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1answer
167 views

Is there contract law to protect tenants from leasing under false pretenses?

I've recently signed a lease for an apartment in Maryland. Before signing the lease I visited the unit in person, spoke with leasing staff, made a deposit to reserve the unit, and received a written ...
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2answers
193 views

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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2answers
284 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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1answer
18 views

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
87 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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2answers
1k 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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1answer
298 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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2answers
91 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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2answers
39 views

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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1answer
41 views

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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1answer
36 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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2answers
62 views

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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2answers
295 views

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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1answer
23 views

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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2answers
85 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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2answers
154 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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1answer
119 views

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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1answer
89 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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2answers
249 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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2answers
81 views

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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0answers
49 views

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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1answer
59 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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2answers
179 views

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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2answers
48 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 ...