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Questions tagged [contract-law]

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

139 questions with no upvoted or accepted answers
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7
votes
1answer
200 views

How long are schools allowed to confiscate items from students?

According to this question and the corresponding answer, schools are legally allowed to confiscate items from students. This is not considered theft, as the intent is not to permanently take the item ...
5
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0answers
678 views

Fired for refusing overtime? (Canadian Engineer)

So I'm in a bit of a tricky situation right now, and would like some advice. Here is the relevant background information: I am a salaried employee (engineer in training) based in Ontario, Canada. ...
4
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0answers
99 views

How can you tell whether somebody is “competent” to agree with you or your terms?

How can somebody best ensure that when they enter into an agreement or relationship with somebody, that they won't later be able to complain that they were unable to understand the terms by reason of ...
4
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0answers
103 views

Workplace law for dismissals and probation extensions

I posted a large amount of background info here. In short: I began working for a company in the UK on the 1st June this year. My 3 month probation was extended by one month. The notice to extend ...
3
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0answers
99 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 ...
3
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0answers
58 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 ...
3
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0answers
504 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? ...
3
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0answers
32 views

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 ...
3
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0answers
60 views

How are online bidders held to their obligation to pay?

Say I'm holding an online auction. How can I make sure that if somebody bids on my good/service, he or she is legally obligated to pay?
3
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0answers
28 views

Online version of most up-to-date UCC?

Is there an online version of the most up to date Uniform Commercial Code? I'd prefer a free copy but would be happy with any electronic copy.
3
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1answer
118 views

Is there a legal analogy of a publisher for physical things

Background Long and complex story short, we're essentially building a legal & software framework for self-organizing 'ad-hoc' organizations. It seems like some set of our issues could be solved ...
2
votes
3answers
83 views

If party doesn't do what's agreed in settlement, can you sue again or is enforcement the only option?

I filed a dispute with the Civil Resolution Tribunal (CRT). A settlement was reached. Two terms of the settlement were the defendant will make available my property for me to pickup parties agree ...
2
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0answers
36 views

Evidentiary presumptions of gratuitous labor from family caregivers, varying by state?

Quoting from Claims Against an Estate for Care Rendered to a Decedent: Many states have an evidentiary rebuttable presumption that services rendered to a family member are gratuitous in nature, so ...
2
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0answers
55 views

Can I use confidential information provided under an NDA for other work?

Let's say that ABC Inc provided me some confidential information (CI) for a potential contract that never went through. Now XYZ Inc has approached me and asked to work on this contract with them. ...
2
votes
1answer
130 views

Why couldn't the Ministry of Defence fetter its public law powers by promising not to transfer a SAS soldier?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 98. The red underlines fit para. 31 of the judgment: In the present case the price for which R's promise was bought was the ...
2
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0answers
23 views

Which 'condition' fits “‘basis’ or condition on which the benefit was transferred”?

Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 465 Which of these three homonyms fit the 'condition' colored in green beneath? p. 449.
2
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0answers
31 views

What is the responsibility of a co-signer upon death of a tenant within the first lease cycle?

During the first lease cycle of a rental agreement, the tenant died. Is the co-signer responsible for damages to the apartment, or do the charges revert to the deceased tenant's family members?
2
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0answers
95 views

How do I get my car repaired when there was no formal contract?

A month ago we towed our car to a mechanic. Where we agreed that the engine needed replacing and it would take 4 days. All communication was done over the phone nothing in writing (yes this is wrong I ...
2
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0answers
56 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. ...
2
votes
0answers
89 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 ...
2
votes
0answers
31 views

How does “limitation of action” work?

In contract law, I've heard of "limitation of action". What is this and when is it enforceable? To my understanding, it's capping a time limit as to when a party to the contract can initiate ...
2
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0answers
20 views

Canada contract law on warranties

Father purchased a car at a dealership and they disclosed that the engine has been repaired. They offered a 3 month free repair warranty on the engine with the purchase of the vehicle. After the ...
2
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0answers
145 views

What happens if I accept work contracts in two EU countries at the same time?

I am going to accept a job in Dublin, Irealnd but I also have an opportunity of getting a work contract in the Czech Republic. The latter job would be mostly remote (it would require me to visit the ...
2
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0answers
93 views

Is an error in a Rent Increase Notice binding?

I have just received a letter and email from my landlord stating that the rent will be increased in accordance with Residential Tenancies Act 1997. Increased rent will be $600.00 per month, an ...
2
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0answers
48 views

Call I legally receive mail addressed to my roommate that requires a signature?

Say if I share a room or a house and I receive a mail which may need signature because my roommate is out. Is it regarded to be illegal? (the US)
2
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0answers
542 views

I agree to the terms and conditions on this website

In the US we have the concept of a digital signature being anything that two parties agree to being a "signature". We are just now internationalizing our website and I'm wondering just how valid our "...
2
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0answers
115 views

Is this cancellation policy legal?

I reserved a motorhome in Iceland. On the invoice the cancellation policy was listed. I didn't pay the invoice and then cancelled the reservation 2 months prior to the starting date. I cancelled ...
2
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0answers
70 views

If the government obtains property through a tax lien, does the homeowner's association contract make it through?

If a person owns (100%) a property and is subject to a homeowner's association (HA) contract, but defaults on taxes, after which the property is sold via a tax lien sale, does the HA contract become ...
2
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0answers
1k views

Is a highschool diploma a legal document?

Often places, especially colleges/universities, ask to see high school diplomas prior to enrollment. Employers or certifiers may ask to see one too, regardless of the type of job. My question is, is a ...
2
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0answers
2k views

What is the meaning of “full force” in a contract?

What is the meaning of "full force"? Here is an example of it used bellow. Does it still have the same meaning if "full force" is removed? The unenforceability of any provisions of this Lease will ...
2
votes
1answer
77 views

3 month notice versus 1 month notice

I do not want to serve a complete notice period (3 months) for the MNC (multi-national company) in India I currently work for. I would like to serve only one month notice period, and although I am ...
2
votes
0answers
81 views

What is the origin of rule that expensive necessities are necessities for minors with proper socioeconomic status?

I have been searching in several US contract law textbooks and on the web and I am unable to find the answer to this question. As background, I understand minors (those under 18) generally have full ...
2
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0answers
444 views

As a Developer how should my contract be worded to protect against hacking

I am a web developer and have a contract for client based projects that has been improved over years and many projects. However after reading it this month I think that upgrading the section that ...
2
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0answers
53 views

Ensuring Promised Equity is well secured when joining a start up

I am currently working for a start up and we have been talking about an equity deal, where I would be compensated with some percentage of the company plus salary. I want to ensure everything is ...
2
votes
1answer
116 views

Terminating a freelance contract before completion

What are the potential legal ramifications of ceasing work on a web development contract which had no voluntary early termination clause, but which I believe the Client to be in breach of? The ...
2
votes
1answer
551 views

In a rental, can a landlord remove a person from the lease and return their deposit?

In a rental home, the landlord had everyone sign the same lease agreement. Out of the original 5 tenants, one assigned their room and was returned their damage deposit from the landlord. Another ...
1
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0answers
39 views

What does “exclusion of the defence of continuation of the offence” mean?

Could you please explain what this clause (from an employment contract) might mean: For every case of culpable violation of the obligation of confidentiality stipulated in section xx, the ...
1
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0answers
37 views

Can Cloudflare override ICANN's Registrar Accreditation Agreement through a user agreement?

I moved a domain name over Cloudflare's registrar recently, and when inquiring whether I could change the nameservers to point to a third-party host, I was pointed towards a specific part of their ...
1
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0answers
40 views

To businesses using Condition 8, why are the outcomes in Phillips Products v Hyland and Thompson v Lohan inconsistent?

The two cases are Phillips Products Ltd v Hyland and Hamstead Plant Hire Co Ltd [1984] EWCA Civ 5 and Thompson v T Lohan (Plant Hire) Ltd [1987] 2 All ER 631. Condition 8 was the same in both, and ...
1
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0answers
16 views

Why could Change of Position 'logically allow lenders to retain a charge for the sum lent to debtors in reliance on the guarantee's enforceability'?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 359-360. Howes Percival LLP Partner Geraint Davies Manchester Polytechnic (1988 LLB), Guildford College of Law (LSF 1989). outlined (the defence ...
1
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0answers
149 views

Why could the ‘but for’ tests swallow up virtually all duty-defining clauses?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 432. Kindly can someone expatiate the red underline? green underline? In the green underline, what do 'the parties' normative rights and ...