Questions tagged [contract-law]
For questions about laws related to contracts, an agreement between two or more parties.
2,192
questions
2
votes
1
answer
71
views
Does absence of legal advice affect litigation of a written agreement?
It is common for parties to a contract to adapt templates (in a generally misguided effort to avoid legal costs). In such cases, the Written Agreement may not reflect the parties' Actual Agreement.
...
- 21.8k
0
votes
1
answer
363
views
Is a 2-year lease renewal agreement agreed to via text but without a signed extension contract legally binding in California?
I renewed a 2-year lease agreement under existing terms as requested by my tenant via text. Unfortunately, I did not email the renewal extension and the tenant is now vacating the apartment early. ...
- 1
0
votes
2
answers
124
views
What legal action will be most likely to succeed in reclaiming money stolen by a contractor? [closed]
I've hired an individual to do various repairs on a mobile home. There were two initial sections that had two handwritten contracts, and they were (mostly) completed. After those two contracts, I gave ...
- 3
2
votes
3
answers
61
views
Remote US Contract Jobs under someone else's profile
If a person outside the US impersonates someone in US (with their consent), uses their profile to interview and land a remote contract (1099) job what could be the legal repercussions in this case for ...
- 21
1
vote
2
answers
57
views
contract law situation with no express agreement to pay
If a person A helps a person B with something, that is normally considered a service people pay for (e.g. car washing), but there is no contract nor written nor oral, does the person B owe money to ...
- 71
1
vote
1
answer
61
views
Is it normal to reverse transfer ownership during a funding round? [closed]
Delaware Corp (for jurisdiction)
Got involved in an unfunded startup last year and we managed to strike pay dirt. I'm the engineering side of the equation. Got a request to return some of my shares ...
- 231
1
vote
1
answer
321
views
Failing to return hired goods: criminal offence or civil matter?
Meet Bob. Bob hired a TfL/Santander bicycle for £1.65/30minutes and lost it.
Bob has presumably committed a breach of contract, but has he committed a criminal offence?
Now meet Alice. Alice hired a ...
1
vote
1
answer
45
views
Are browsewrap terms of service enforceable? [duplicate]
Suppose I have a store, and on the farthest wall from the entrance, I have an inconspicuous door with a very small sign labeled "Terms and Conditions"; behind that door is a document saying &...
- 17k
2
votes
1
answer
157
views
Can a modifiable appendix be a valid and enforceable extension of a Last Will & Testament?
I'm in NY state (US). I am writing a will and am at the article where I name gift designations for specific beneficiaries (son #1 gets my old slippers, son #2 gets my belly button lint, etc.).
This ...
0
votes
2
answers
120
views
Trying to find a payday loan scam contract
I read about one of the largest payday loan scammers in the United States of America being caught and eventually found guilty. The case was interesting because the company tried to avoid state law by ...
- 1,124
50
votes
9
answers
12k
views
Why do lawyers write contracts with language that is more difficult to understand than other works?
The recent Ig Nobel Prize Winning work "Poor writing, not specialized concepts, drives processing difficulty in legal language" by Martínez, Mollica, and Gibson demonstrates that contracts ...
- 6,608
6
votes
3
answers
1k
views
Principles to resolve ambiguity in a contract
The problem of ambiguities in a contract is so old that there must be general principles to resolve them. What are the main such principles, and how are they named (in Latin, English, or French)?
I ...
- 163
1
vote
1
answer
43
views
Vietnamese were chosen as applicable law, should the CISG govern contract ? May the parties choose laws of Indonesia to be applicable of the contract?
The contract is signed between the company, which is located in Vietnam, and company in France / Germany / Australia / Korea.
From the Contracting States of CISG between Vietnam and U.S. activated, ...
- 113
3
votes
1
answer
271
views
Meta wrongly suspends a Canadian Consumer's account. What are Canadians' causes of action?
Fact Pattern for Consumer who lives in Canada, and is Canadian citizen.
I forgo naming territories and provinces, because this fact pattern has happened to Canadians across provinces. But Consumer is ...
user49089
15
votes
3
answers
5k
views
Are there no limits to damage waivers or would this go too far?
I am going to make vacation on Hawaii next week. For one day we booked a Ziplining tour.
Just after the free cancelation date passed, I was sent a waiver which is required to be signed to participate.
...
- 570
1
vote
4
answers
455
views
What is it called when you are forced to breach a contract?
I am a union construction worker. Under my agreement with the union, I agree to be sent where the union sees fit, and not quit. (I'm an apprentice.)
Having recently completed a job, the contractor ...
- 163
1
vote
2
answers
95
views
What is acceptable use of security deposits?
Context: Non-residential Florida Office Space Lease
Akerman indicates:
Landlords routinely require security deposits from their tenants
before entering into a lease for commercial property. Security
...
- 7,145
1
vote
2
answers
141
views
Original Signed Contract
Alice rents office space from Bob in 2020 for one year and seeks to dispute the return of the security deposit: the landlord paid contractor to paint rooms in the office. Alice seeks 100% of her ...
- 7,145
0
votes
0
answers
43
views
Handling of pay in lieu and breach of employment contract
I'm in need of some guidance about my employer breaking my employment contract and withholding pay. It's quite a complicated situation so I'll try keep it as simple as possible with a timescale.
22nd ...
- 1
-1
votes
1
answer
78
views
Company Service Provider in Estonia 'Abusive' billing practice? [closed]
I have started a remote company in Estonia using an e-resident status back in 2020 just as Covid started to emerge putting all my plans on hold for over 2 years all the way until just a couple months ...
- 117
23
votes
7
answers
7k
views
Is there a law against signing a contract to do something illegal?
Inspired by this question over on workplace.SE - Severance contract requires a lie. Is this enforceable?
If you sign a contract wherein you agree to do something illegal, but have no intention of ...
- 797
3
votes
2
answers
3k
views
Contracts that require you to lie
This workplace question recently made it on the StackExchange hot questions list: Severance contract requires a lie. Is this enforceable?
Now, consider the following:
In most cultures, lying is seen ...
- 353
4
votes
2
answers
322
views
What are my rights if my boss paid me 600 euro too much for 2 years long?
My little brother, lets call him A for now, came to me today and said his boss, call him B, came to him and said that he (B) had been paying him (A) 600 euro too much for 2 years long. Ofcourse B ...
- 141
0
votes
2
answers
219
views
Is a contract written in a mix of languages valid?
Si yo escribo un contrat σε ένα μείγμα von Sprachen, 它有效吗？
If I write a contract in a mixture of languages, is it valid?
I'm interested in any jurisdiction.
- 17k
1
vote
1
answer
78
views
How often can a paid service be unavailable without breaching contract?
I'm curious about the theory and practice behind paying for a monthly subscription and not being able to use it for no fault of your own. I had purchased a 4 month gym pass. The gym is part of a ...
- 25
4
votes
1
answer
146
views
What is the history of minors being unable to bind themselves to contracts?
What was the first jurisdiction that had special rules for contracts to which a person under a certain age is a party? How did the modern concept that people under 18 can back out of contracts except ...
- 17k
1
vote
2
answers
66
views
Is there consideration if one item is given from someone who doesn't want it to someone who does?
Suppose I have an old refrigerator that no longer works. I don't want it, and would pay someone to take it; its value to me is negative. But my neighbor has an appliance repair company. My ...
- 17k
2
votes
1
answer
128
views
Is a Windows license valid on a "computer of Theseus"?
If I buy a computer with a Windows license, and then replace every part of the computer one at a time (cloning the old hard drive to the new one then erasing the old one, or reinstalling Windows on my ...
- 17k
0
votes
1
answer
45
views
Is "estimated" or "projected" income a legal precedent/factor upon a credit card application?
If you are self-employed you have no fixed income -- therefore, you can't expect that any income information given is GUARANTEED or BACKED by any solid proof -- no one can predict the future so you ...
0
votes
1
answer
182
views
UK Skilled Worker Visa: Resign prior to completion of minimum employment period
Context
X is on Skilled Worker Visa.
X's employment contract states
2 year minimum employment period
3 month minimum notice period after serving the minimum employment period.
Question
Given the ...
- 103
1
vote
1
answer
248
views
Am I responsible for paying the full rent right away before actually viewing the apartment?
I am an international student moving to the UK very soon. I just signed a contract for an apartment (APT1), which requires me to complete the entire payment (for 51 weeks).
The date I signed the ...
- 113
5
votes
2
answers
603
views
Are emojis acceptable in contracts?
If I ✍️ a 📄 using emojis instead of words, does that affect the validity of the 📄?
Example:
Mary will only use the 🔑 to open the front 🚪 of John's 🏡 in order to feed his 🐈. Mary will feed the 🐈...
- 17k
-1
votes
3
answers
162
views
Implications of cancelling a contract when the cancellation clause was not shown to the promisee
Imagine a written contract is agreed between a company and a married couple for some building work to be done on their home. Although both their names are on the contract, only one spouse actually ...
2
votes
1
answer
157
views
Can a lawyer sign a contract with a client that the client will not settle?
Suppose a charity is providing free legal services as part of serving their charity's mission. Can the charity make these services contingent on a contractual promise that the plaintiff will not ...
- 1,646
1
vote
2
answers
160
views
Are terms of service that are not accessible until the supposed binding action has already been taken enforceable?
I used the whois Linux command to look up information for mit.edu:
$ whois mit.edu
This Registry database contains ONLY .EDU domains.
The data in the EDUCAUSE Whois database is provided
by EDUCAUSE ...
- 17k
-1
votes
2
answers
88
views
Are claims that Elon Musk cannot back out of buying Twitter after agreeing to buy before actually doing so valid without a full deposit in escrow? [closed]
Elon Musk must close Twitter deal by end of this week or face trial. (CNN Business, October 24th, 2022)
0
votes
1
answer
161
views
How can a minor void a contract?
What are the requirements for a minor to void a voidable contract? Just contact the other party and say "our contract is void," and stop receiving benefits and fulfilling obligations?
- 17k
0
votes
1
answer
157
views
Can a doctor charge upfront for a procedure, then not complete it without the patient to pay for another procedure?
Suppose that a person paid $18k for a procedure to remove teeth and replace with dentures. After the extraction and sizing the dentures - the dentist told her that the dentist can't complete the ...
- 11
1
vote
1
answer
103
views
Can a person who just turned 18 reaffirm all contracts s/he has signed?
Suppose John Doe, who turned 18 today, had signed several contracts for non-essential purposes as a minor. If he makes a document saying something like "I, John Doe, hereby reaffirm and agree to ...
- 17k
0
votes
1
answer
68
views
Does the Unlocking Consumer Choice and Wireless Competition Act confer a right to unlock a phone one owns, or merely limit the scope of the DMCA?
Smart phones come in two different kinds: locked, and unlocked. A locked phone has been modified from its original design, in its software, hardware, or firmware, to only accept cell service from a ...
27
votes
2
answers
5k
views
Strange Clause in Employment Contract Concerning Leaving Job
My teenager has applied for a tutoring job at a local after-school tutoring center and there is the following clause in her employment contract:
If you decide to discontinue after your term is over, ...
- 383
3
votes
1
answer
100
views
Interpretation of EU roaming obligations for non-EU states
Situation
While travelling, I entered Andorra (not a member of the EU) and stayed there for 2 days. I was unaware that Andorra was not included in the list of countries in which EU-roaming is free. (...
- 215
4
votes
1
answer
133
views
If Party A pays £1 to Party B who pays £1 to Party A, is there good consideration?
The elements of a valid contract are agreement, intention, and consideration. Consideration must be something of value which passes from one party to the other, and it merely needs to be sufficient, ...
- 8,296
8
votes
3
answers
3k
views
Contract mentions an outdated law
I want to keep it short. I signed a contract on 01/12/2021 that mentioned in the Terms and Conditions that they adhere to the 531/2012 law. This law is now outdated, it says
No longer in force, Date ...
- 215
2
votes
2
answers
314
views
Is a company legally obligated to refund a deposit on a partially finished software product?
Company A has a contract with Company B defining the scope of a software product to be delivered by Company B. The contract requires a 30% deposit to initialize the project. The contract does not ...
- 123
1
vote
1
answer
79
views
How to conserve digital proof?
There is some statement, put in digital form on the internet, wich I would like to conserve. The issue is its not available freely but rather after a login,so Internet Archive isn't an Option.
How do ...
- 115
15
votes
5
answers
6k
views
Is it considered a breach of confidentiality if data is uploaded to a website which only makes that data available to the uploader?
I'm a developer working at a company that handles sensitive banking information and recently, I've had troubles organising my code and thus posted it in a private repository on Github, which only I ...
- 153
2
votes
1
answer
32
views
What's the point of this partnership template revenue clause?
In this partnership agreement template it states that
The Company will allocate items of income and losses as if the Company were liquidated, its assets sold at their fair market value, and the ...
- 363
2
votes
1
answer
132
views
Must a law be broken for a court to hear the case?
An agreement between a union and association has expired. Though it had been renewed for many years an impasse has been reached and lockouts have happened. The union has taken the association to court ...
- 407
4
votes
1
answer
113
views
I am writing a service agreement, how do I cite a legal code in the agreement?
I am writing a service agreement, how do I cite a legal code in the agreement? As a company, I need to state what we will do and what the law requires us to do This is the law: cvc 22658
(m) (1) A ...
- 71