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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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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 ...
38
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3answers
9k views

Is it breach of contract if dismissed before starting work?

I've been dismissed by a company I was due to start a job with, just a few days before the job was meant to start. They have no intention of providing me with any compensation despite the fact I ...
0
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2answers
93 views

What recourse do I have if I can't meet a tight deadline to complete on a house purchase?

I've recently put down a reservation to buy a new-build flat in London, UK. This is one of the last flats available in the block and the builder is in a rush to complete and get the money as soon as ...
2
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1answer
43 views

Can I amend boilerplate contracts by mail?

I am party to a number of contracts (website terms of service, for example), where a service operator writes the contract, and I agree to the contract by using the service. If the other party wants to ...
0
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1answer
38 views

Indemnification clauses and liability regarding use of information?

I've seen a lot of clauses like this, You will indemnify and hold Evil Corp, its directors, officers, employees, agents, consultant, contractors, partners, vendors and service providers (including,...
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1answer
20 views

Gross Receipt Service Returns

For a purchase return in NewMexico is a company required to return the gross receipt tax paid when the purchase was originally made? Assuming that the service agreement has no mention of a return ...
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0answers
40 views

forum selection clause in an international contracts

If there is a forum selection clause in an international contract (between 2 companies in 2 different countries), then it is fairly easy to decide which court has jurisdiction and what laws should be ...
0
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1answer
286 views

Does a new contract supersede identical old contract?

I have relocated 3 times on behalf of my company in the past year, however I am prepared to move on because of another job offer. With each move came relocation assistance, in which I had to sign a ...
3
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1answer
43 views

Is there a (EU) law that a written contract has to be in a certain language?

I live and work as a freelancer in country A. I am about to sign a contract with a company that has its offices in country B. They therefore insist on having the contract written in language B. Both ...
2
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1answer
35 views

Indemnification clause in effect, but indemnified party refuses to cooperate

Suppose a contract exists in which defendant D has indemnified party E. D and E currently dislike each other. Third-party plaintiff P, in a liability matter arising (indirectly) out of the contract, ...
0
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1answer
34 views

Termination condition in an NDA

Party A ( from India, is the service provider) signed a NDA with a Party B ( from KSA, service buyer). The parties did not mention any termination condition in the agreement. Now after 4 years, the ...
0
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1answer
132 views

Can I be sued for violating an NDA if I refund what I was paid?

I have a client who ordered art from me that they asked be private between us, due to it's embarrassing nature. The extent of the agreement was "Don't post this online" to which I said "Okay." My ...
3
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1answer
45 views

Is a single electronic document that contains separate untitled and unnumbered sections “one contract”?

Given a written “agreement” between a “provider” and a “client”: that exists solely as a single PDF file (there is no hardcopy version) has a few “sections”, each of which is untitled and un-numbered,...
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0answers
32 views

How do opt-outs impact enforceability of an arbitration clause? [duplicate]

In the United States how does providing the opt-out option help prevent a mandatory arbitration clause in a standard consumer contract from being unenforceable?
0
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2answers
72 views

Damages for repudiation of contract before the work was commenced

Bob wants to build a greenhouse and a garage on his land. He contracts Matt to build the greenhouse only as Matt does not specialize in building garages. They agree that Matt starts the job in 3 weeks....
6
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1answer
94 views

Under what circumstances may companies require consumers to agree to secret terms?

In some Wifi hotspots, especially by AT&T, new browsers are presented with a login page that requires users to indicate they agree to the terms of use. The terms are hyperlinked, but clicking on ...
3
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1answer
106 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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3answers
179 views

“Reward” for each biological child in prenup agreement?

Let's assume this hypothetical scenario where: to-be husband does not want to enter marriage without prenup agreement that clearly ensures separate property; AND to-be wife does not want to have ...
1
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1answer
37 views

Are there any generalised concenpts of “fair treatment” in UK law?

I have a complaint about the way I've been treated by a charitable body. In the fallout from some problems, they have chosen to respond to the financial concerns of a majority customer group, while ...
1
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1answer
110 views

Is a governing law clause always enforceable?

If I'm elsewhere and a contract has a clause stating that it is to be governed by the laws of the state of New York, is this always enforcable? Could I be placed in situations where I would have to ...
3
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0answers
320 views

Disclosing prior inventions to company before starting work

I know some companies want on boarding employees to disclose to them any invention or innovation they have made. If you do not do this, can the company claim the invention or innovation as their own? ...
1
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3answers
142 views

How do you force someone to sue you?

I have a bill from a health care provider that I did go to but they are charging me for services I did not receive. They will not agree that they did not provide these services and continue to bill me....
5
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1answer
129 views

Can employer claim ownership of intellectual property made while not at work?

I've heard in job contracts there can be clauses saying that all intellectual property created by the employee during their employment, belongs to the company, regardless if it's done during hours ...
2
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1answer
64 views

What's with unexpected cancellation fees?

I made a doctor's appointment by calling and reserving it. I received a text messaging saying that I need to call the doctor's office and confirm my appointment, and that if I fail to do so the ...
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0answers
20 views

Laws regarding legal responsibility when buying a property with active leases

When I purchase a property with active leases, it's generally accepted in my circle that I'm legally required to uphold the active leases until they expire or the lease can be legally canceled for ...
0
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1answer
79 views

Whose instructions should be followed in a dispute - majority shareholder vs company director? (UK)

Many years ago, Contractor Fred signed a general works contract with John Smith, owner and sole director of Small Company Ltd. The contact was agreed directly between Fred and John (as opposed to ...
1
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2answers
107 views

What does this clause mean in a job offer?

What does the following paragraph mean? I haven't heard of "perfection rights to innovation and proprietary information" before. It sounds like the company could sign on the employee's behalf. ...
1
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1answer
54 views

Opening a daycare near previous employment

Location: Canada, Ontario Background: A friend got a one-year contract to work at a daycare from June 2017 to June 2018, but was let go after working two months. Key things on the employment ...
2
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1answer
78 views

Legal principles in refusing to pay advertised reward for return of lost item if it was returned without knowledge of the ad

Say person X lost his valuable item and advertised a reward for the return of it. Person Y, who knew X personally, found the item before reading the ad, and returned it to X, who just thanked Y for ...
1
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3answers
79 views

What is the basic term sheet of joining of software company?

I'm not a law student. I'm just software engineer who only knows how to code. I'm pretty confused. My friends are starting a software company and they are not software engineers; they have BBA ...
2
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2answers
53 views

Are clauses written on top of a signed contract legally enforceable?

I signed a lease that says that the first day of the lease is Mid July. Recently, we were given the option to move in earlier, so the landlord crossed out the date on the contract and wrote the new ...
1
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1answer
82 views

I signed a second work contracts in Germany, without checking my first contract

I am working in a full-time job and I signed another part-time job for 10 hours per week with a university in Berlin. After I signed the part-time contract I found in my first contract that I have to ...
2
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1answer
81 views

Why do lease agreements commonly prohibit animals and also specifically prohibit reptiles?

I was reading over my lease agreement and noticed the following clause: No animals or reptiles of any kind may be kept in or about the leased premises. I thought it odd that the language seems to ...
1
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1answer
110 views

Is there any theory that would let someone recoup their money from buying overpriced jewelry?

This question is inspired by this article. Alice purchases jewelry from dealer, Bob, for $15 million. Alice hires Carol to appraise jewelry. Carol advises Alice jewelry is worth $5 million. Alice ...
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0answers
55 views

Dispute began under previous contract, new contract signed, which applies?

Here is a simple scenario to explain my question: A contract is signed in January, this contains non-competes and IP clauses. A dispute begins around the non-compete and IP clauses in February. ...
0
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1answer
72 views

Is “including but not limited to” dangerous?

I am looking for opinions about the phrase, "including but not limited to". Yes, I know that it's commonly used, but is it dangerous to the person signing the contract. For example, consider "You may ...
0
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2answers
38 views

Is it possible for an artist to retain the rights to their artwork while also allowing the client to reproduce the artwork?

I'm designing an album cover for a client and they want the rights to put the album cover art on a multitude of items (posters, tshirts, etc). Is there a way for the artist (me) to retain the rights ...
0
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1answer
91 views

Can a minor negotiate their own contract?

Let's say Jill wants John to sign a contract. John is a minor, therefore, John will have to get a cosignature from his mom Janet. John has some concerns about the contract, he knows that his mom Janet ...
0
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2answers
67 views

Price quoted vs Purchase Order

Somewhat "hypothetical" question: I priced something for a customer, a total of 500 pcs, each individually listed, on an invoice for $100.00 each, for a total of $50k. This customer then sends me a ...
1
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1answer
329 views

how to prove perjury?

How is perjury proved in a rental arbitration hearing? The testimony is sworn. Of course, people make mistakes, mis-speak etc. But if verbal sworn evidence is self-contradicting does rise to the ...
0
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1answer
128 views

Is a document considered falsified if it has no stamp or signature?

So if we have a falsified document (diploma, certificate, official documents, etc.), with all the correct information, submitted in electronic version, but Without a signature/stamp With a signature/...
0
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0answers
77 views

Why was the adjective “general” embraced for “general damages”?

Source: A Brief Introduction to Law in Canada (Mar. 2017). p. 173 Middle. As in tort law, the most important remedy in contract law is damages. Contract damages classified differently, though. ...
0
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2answers
70 views

Why was the adjective “special” embraced for “special damages”?

Source: A Brief Introduction to Law in Canada (Mar. 2017). p. 173 Middle. As in tort law, the most important remedy in contract law is damages. Contract damages classified differently, though. ...
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1answer
27 views

Can a Work For Hire agreement be made without compensation?

I'm working on a musical recording that will be owned by my LLC and released for free under a Creative Commons license. I would like to include a few friends as session musicians who would like to ...
0
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1answer
58 views

Do I have to notify the other party of changes I made to the contract before signing it?

Short version: I have received a final release form for a vehicle write-off payment from an insurance company and need to sign it and send it back. It's just a pdf form with my name and such filled in,...
0
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2answers
89 views

Can a hospital, or other entity, legally file collections on a debt incurred by a minor's parents?

Say a child goes to the hospital for whatever reason and, because hospitals are expensive, incurs a debt onto the parents. The parents, for whatever reason, elect not to pay. The hospital then ...
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2answers
35 views

Business Licence obtained with fraud

What are the options for a landlord when he/she finds out that the tenant has been doing a business in the house with a licence obtained fraudulently?
3
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1answer
244 views

Does Mojang break the law with restrictions in their EULA for Minecraft?

Minecraft is a world building game that is produced/sold by Mojang AB. Minecraft may be played both offline (local data) or online (connecting to a server). Minecraft's EULA says that you may not ...
2
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0answers
77 views

Tenant not vacating property(GERMANY)

-See below for German version- A tenant's fixed term rental contract has expired, yet on the first day after the expiration, when keys were supposed to be returned, the tenant has not made any ...
0
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1answer
38 views

Resolving issues with overdue payments for freelance work [closed]

A freelance client of mine is months behind in their payments and is requiring digital account access prior to paying. What are my rights? The client doesn't read or respond to emails or phone calls. ...