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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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1answer
26 views

Contract Date Vs Date of Possession

If all the paperwork to purchase a certified pre-owned car in TX is negotiated, signed & dated by the buyer and dealership. However, the buyer was not given physical possession of the vehicle ...
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3answers
160 views

Can my LLC limit my liability of a personally-signed non-compete agreement?

I am employed via W-2 and bound to a non-compete agreement stating that I cannot be paid for work outside of said W-2 employment. Is it a breach of contract to perform work on behalf of an LLC which ...
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3answers
2k views

What does this final section regarding the “termination of the binding provisions” in this contract mean?

A company recently offered me a great position as the head of their IT Security division. The job being offered is contingent upon my signature signing a lengthy employment, NDA, Noncompete, ...
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1answer
35 views

What kind of contract should I use to hire people only in the case of future funding?

I have to present a project for a new application to investors where I have to include the details of my team members. Since the team is still incomplete I would like to be able to make agreements ...
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1answer
275 views

Are forged signatures on company documents illegal?

Are forged signatures illegal on company documents even if they're forged by the director of the company? Example: I looked over some documents for a small company founded by three persons, I believe ...
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1answer
52 views

How can one fight an unfair/corrupt employer/union (working hand in hand)?

EDIT: My original title focused on the union, but I changed it to include the employer. They're both working hand in hand against the interests of the employees/dues-paying union members. Imagine a ...
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1answer
223 views

How does a hold-over clause in a lease work?

I'm confused by hold-over clauses as they apply to the rental of a property. What is the intent? Originally I thought they were so the landlord can increase the rent to a very high amount to put ...
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1answer
88 views

In beer can lottery who gets to keep the prize? Buyer or person who opened the can? Does mutual mistake rule applies to gifts?

I have an interesting situation on my facebook wall. Take ten beers to a friend's house. One wins a motor. Whose? Yours or friend's? Basically in Cambodia there's a beer lottery you open a ...
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0answers
28 views

Is it required to include “Disagree” buttons for terms of service?

When installing software applications for the first time, there's usually a prompt to accept/reject the terms of service. Accepting the terms grant access to the service while disagreeing closes the ...
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1answer
55 views

How to properly deal with a cable company which regularily does not provide the bandwidth that is being payed for?

We are having a contract with a cable company managing our internet and phone connections. We very regularily (even at on the dot schedules) do not have any internet or telephone network connection in ...
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3answers
89 views

Do capital felons have the capacity to enter in a legal contract?

In an answer to another question, it is stated that capital felons don't have the legal capacity to enter into a legal binding agreement. I think that is wrong because otherwise they could not buy ...
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0answers
29 views

can you grant a licence to a entity that does not exist yet?

I'd like to obtain the right to use intellectual property. In the near future, I may have start and own a company. Can licensor grant permission for me and my company, that doesn't exits yet?
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3answers
82 views

Signers ID information in a contract

What ID information do the signers need to write down in a contract signed with Adobe or DocuSign as a witness? In other words, how are the signers identities described in the contract? Besides name, ...
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2answers
55 views

making a contract that includes video licence

The best way to sign a contract online with international signers is to go with DocuSign or Adobe Sign being the witness to the contract signing. if the contract is about granting licence for a video,...
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5answers
6k views

What might be illegal about a company using deceptive phone calls to establish a contract and seeking payments under it?

I have recently been encountering an organisation whose mode of operation is to dupe members of venue staff into "agreeing" to have their venue advertised "online". Subsequently a bill arrives for ...
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1answer
39 views

authentication of electronically signed documents

Documents can be signed using electronic signatures. Key factor here is authentication of both parties, signing the document. Companies, such as Adobe Sign, offer knowledge-based, social and phone ...
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2answers
93 views

Why do laws or contracts repeat themselves unnecessarily?

Legal texts - laws, contracts, etc - often contain passages that say something like, "You agree to waive your rights to blah except as prohibited by applicable laws or by the Whatshisface Amendment to ...
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2answers
38 views

Can a business' more specific form contract show that a previous contract's terms were ambiguous or that there was no meeting of the minds?

A Hypothetical Situation: An individual lives in an assisted living / nursing facility and dies on January 4. The monthly fee has already been paid, as it is due by that day. The individual's family ...
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2answers
472 views

Software developer not getting paid for contract work

I'm in Canada, subcontracted for a company in the US. I have been working with them for 4 months. They refused to pay me for the last month I worked, giving a reason that my work is not up to their ...
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3answers
173 views

How can I sue a USA company while I am in Mexico

I was working for a Indian IT company that hires people from Mexico and sends them to work within other companies in USA. This company has been stealing money from me each month with taxes, and I'm ok ...
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1answer
59 views

Can a tenant ask the occupant listed in the house agreement to vacate immediately & legally? In Texas,USA

This is in Hunt county, Texas, US. I had signed as tenant and took a house for rent. With couple other person's listed as occupants. The person's have not signed but just listed. But the occupant has ...
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1answer
38 views

Can I hire someone to haul my waste monthly?

Can I hire an independent contractor to haul my waste in my city of Colusa, California. Someone said there is an exclusive contract that prevents the hauling of ones own waste to a landfill.
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0answers
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What does “While in the service of the company” mean?

I have been offered 5% of a company through a shareholder agreement form (which I have not signed) but am really worried about a clause which essentially states, Any IP discovered by me relating to ...
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1answer
61 views

Can the executor of a will enter into an option agreement for property on behalf of the estate?

I am acting as executor for my late father's estate. This is in UK. One issue that the beneficiaries do not 100% agree on is how to go about selling the house. Some wish to sell it "normally" via an ...
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1answer
63 views

Is a contract made through social media binding?

At my local college I've taken on a course about law and currently we are learning about contract laws and was curious about the binding nature of a contract. Let's say there is a stock broker and ...
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2answers
133 views

Dispute about whether a day consists of 7.5 or 8 hours

I've recently run into a dispute for an invoice with a company for whom I'm doing IT contract work about the number of hours in a work day. We agreed on a rate of £N a day, which I had assumed to mean ...
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2answers
115 views

When should a constitution or bylaws have separate articles versus sections within an article?

My church is in the process of re-organizing our constitution and bylaws. Currently, we have individual articles for some elected positions. Others get defined only in context of the board that they ...
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20 views

Can a Florida for-benefit corporation hire unpaid interns?

Can a Florida for-benefit corporation hire unpaid interns or volunteers? Assuming that the arrangement truly benefits the interns, they are given lots of guidance and teaching, they understand that ...
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1answer
52 views

Validity of a Power of Attorney (PoA)

Assume that we have a private investment company (PIC) called "C". At time t, "C" has given a power of attorney (PoA) over one of its accounts to another entity "L", without power of substitution. ...
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0answers
43 views

Am I liable for legal fees in advance of a retainer agreement?

If I consult with a lawyer about a possible retainer for a legal matter, am I liable for legal fees in advance of any retainer agreement between him and me?
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2answers
45 views

How do people deal with contracts that they suspect didn't exist until after some judgment was made?

This is purely hypothetical, but as a total layman it's gotten my curiosity. Say Person A owns, say, 50% equity in a company. Person B, the plaintiff, is awarded that equity as damages in a lawsuit. ...
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2answers
123 views

How can one prove that a contract was signed by force?

I posted another question recently relating to the same person but I didn't want to include two questions in the same post. My father is an extremely abusive person and has been physically, mentally, ...
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1answer
67 views

Is it legal in the US to arrange a contract for payment of a portion of future income in return for a service?

For example, if you had an education startup that took, as payment, a contract from each student that they would pay an amount equal to 1% of their income tax to the education company each year. Would ...
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1answer
718 views

Am I Entitled to a Refund for Services Not Rendered?

I pre-paid for 12 months of a SaaS service. At the time I paid, I was not sent nor emailed a copy of the Terms of Service. Now 2 months in, this SaaS company was acquired. I have no relationship ...
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1answer
62 views

Australia: Can a NDA be broken to show evidence in court?

If a defendant says they have documents proving their case but will only show if a non-disclosure is signed and assuming the documents fail to vindicate the defendant, can I break the NDA and use ...
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0answers
49 views

Termination of Employment before Joining date

I was offered a Job in Berlin by an Employer 2 months back. I signed the contract, offer letter. And with that I have received the Visa to Germany. And just before 14 days of the joining I receive a ...
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0answers
22 views

Reasonable interpretation of the term “In connection with” with respect to intellectual property

In the phrase: "You agree that any rights you may have in any intellectual property produced, invented or conceived by you in connection with any of our business whether before or after the date of ...
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2answers
90 views

Job Contract Copyright Waiver

I am starting my first full-time job. It is a software job in the UK, I am a citizen of a different EU country. The contract I am about to sign seems very demanding about the rights to intellectual ...
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1answer
86 views

Can a software contractor be indemnified against HIPAA?

I'm an independent developer. My client's app manages PHI for US based patient, which means HIPAA rules apply. From what I understand, HIPAA sees my client's company is the covered entity, and I am a ...
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1answer
77 views

Building management company: Can I be charged for something not my responsibility?

Can a building management company charge me for work - cleaning up, fixes, etc. - that are the result of other residents' actions? Eg If another resident(s) makes a large mess in a common area and ...
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1answer
68 views

Can a TOS supersede Contract Law?

I've recently used a "service" app. It connects handypeople / cleaners to users and facilitate the transaction. The App confirmed the appointment and took payment. 55 minutes before the appointment ...
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1answer
25 views

Understanding an undefined period of repayment in employment contract w/r/t education tuition reimbursement

I may be a position to end my employment before completing a mandatory employment period following receipt of tuition expenses. While reading through my employer's policies on the subject, I note how ...
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1answer
39 views

Two “shall not exceed” clauses when computing payment

I have signed a contract that has two clauses in one paragraph that sets two different upper bounds on a potential payment. Both begin with "shall not exceed". For example, let's say I'm to be ...
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1answer
79 views

Who owns the intellectual property that I complete outside of work?

I'm currently employed for a company as a software engineer. In my own time separate from my employment I write software. The software I write on my own has nothing remotely to do with my employment. ...
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1answer
49 views

Delaware : Legal Notice by email

My contract (Delaware Law) doesn't specify how notices have to be delivered. By default, is email a legal notice ? I want to terminate a contract and have to notify the person of the termination. ...
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1answer
56 views

Are the individual terms of a contract copyrighted?

I would like to make my own contract without having to pay a lawyer. Some websites, such as Docracy, explicitly say that you're allowed to use their contracts. I'm wondering, if you were to come ...
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1answer
45 views

Is there recourse for damages due to merchant reselling item after taking payment but before delivery?

We purchased a door at Home Depot. It was a display model, and therefore sold at a significantly reduced price. We also purchased installation service, and therefore left the door at the store so ...
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1answer
318 views

Refund when resident dies in assisted living - with particular contract terms

A General Hypothetical Situation: An elderly individual is in an assisted living facility and passes away within the first week of a month. The individual's family seeks a pro-rated refund for the ...
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3answers
90 views

Is it ethical or legal for journalist to request info from school district staff against their own rules?

This below screenshot is from the top of my latest article. There is a crisis at a New Jersey school and staff members have pictures that definitively prove wrongdoing. Many are afraid to come forward ...
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2answers
64 views

Does this district bylaw prohibit staff talking with the press about the school buildings themselves?

Does this district bylaw prohibit staff from discussing the building itself with the press, or prohibit staff from providing the press with photos or videos of the building itself? (that is, with no ...