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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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565 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. ...
3
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0answers
84 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 ...
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0answers
54 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 ...
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0answers
319 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
44 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)
3
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0answers
58 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.
2
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0answers
30 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?
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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. ...
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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 ...
2
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0answers
21 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 ...
2
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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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0answers
28 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 ...
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0answers
19 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 ...
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0answers
105 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
111 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
66 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
904 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
410 views

When does a single mistake in a contract invalidate the entire contract?

Assuming there is no "savings clause" or statement of the form "if a provision is found to be unenforceable, the rest still remain in effect", when can an entire contract be invalid because of one ...
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0answers
50 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
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0answers
223 views

I didn't get my portion of the damage deposit back and some other roommates did, and no reason was given

I'm not looking for legal advice and realize people on this site aren't lawyers. I had rented a house with 3 other tenants (aka roommates). We all moved in at the same time. Initially one was going ...
2
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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 ...
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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 ...
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0answers
47 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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0answers
35 views

Default Governing State for NDA

If an NDA does not list the governing state in the terms, what is the default state that governs if legal action is taken? Which state has jurisdiction? (Parties reside in two different states)
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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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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
27 views

Startup making me pay legal costs of my vested options, is that legal?

A startup I worked for had promised me to grant my options that were vested, however, they are making me pay the legal costs of executing those options. Is that legal? On the contract, it says nothing ...
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0answers
53 views

Legal Extent of Non-Solicitation Obligation Statement

I'm wondering what the limits of these statements would be and additionally if they would be considered reasonable in the merchant referral industry. Company - An interim between a merchant backend (...
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0answers
400 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 "...
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0answers
51 views

Is an autogenerated, opt-out email legally binding

A software company are refusing to cancel a subscription product I have with them which renewed in 16th July 2017 unless I pay a £239.40 early cancellation fee. The subscription began in 2014. They ...
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0answers
39 views

Taken to personal collections over your LLC's debt

I have a Florida LLC that I am the sole owner of. I had an agreement with a company to do some work, and they guaranteed me a certain quality level. I assesed the quality when it was done and found ...
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0answers
54 views

Can I sell software license I bought?

I bought this very expensive MapInfo license (>1500$), now I'm not using this software very much and want to sell my license online. Can I just sell it or do I need their consent? Also, if it's still ...
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0answers
167 views

Severability/saving clause vs “to the maximum ammount permited by law”

If a contract contains one invalid clause, it may be thrown out completely. To compensate I've seen severability clauses like "if a provision is found to be invalid or unenforceable, the remaining ...
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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 ...
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0answers
59 views

Software acknowledgement exposure

I am developing a commercial consumer product and around 90 percent of the development is software related. Maybe even more to be completely honest. Some components of my software uses open source ...
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0answers
104 views

As an excluded occupier, when does the landlord have to return my deposit?

I am under an excluded license agreement, so not a tenant but a lodger. In the case of an Assured Shorthold Tenancy, the landlord have to secure the deposit and return it within 10 days. I am not ...
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0answers
102 views

Can an NDA require you to not only not tell anyone about your signing of it, but also to obscure any implication of your having signed it?

Can an NDA require you to not only not tell anyone about your signing of it, but also to obscure any implication of your having signed it? For example, from these comments from this question: "The ...
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0answers
71 views

Subcontractor protected by non-disparagement agreement?

I hired a company to do a job. This job led to a number of unfortunate interactions with a subcontractor, whose erratic behavior cost me a lot of time and money and even made me fear for my safety. ...
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0answers
4 views

How to find an information about corporate assets?

In continuation to my other question here. We are trying to prepare yourselves to file a lawsuit against one of the contractors who did a lot of damage during renovations. My question right now, is ...
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0answers
27 views

Do you have to surrender “ideas” in intellectual property transfer?

I'm looking at an MSA for software services that reads, in part, emphasis mine: Contractor agrees that all of the work product produced under this Agreement, including without limitation all notes, ...
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0answers
28 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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0answers
17 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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0answers
16 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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0answers
41 views

what criteria do 1099 contractors have to be considered employees?

Let’s say someone owns a hairstylist shop. They have people who come in and cut hair but they pay them on a 1099 basis. However, they require them to be there at certain times and perform work that ...
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49 views

Can addressee of lost in post item break the privity of contract between sender and post?

Alice, living in country A, sold an item to Bob, living in country B. She sent the item using A Post, tracked but with no insurance (the sale contract obliged her to ship the item, not deliver). The ...
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0answers
95 views

Inventions Assignment Agreement in California

As I was being hired today, I was asked to sign a "Confidentiality and Inventions Assignment Agreement" which partly reads: "I agree that all right (...) to any copyrightable material (...) ...
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0answers
23 views

Construction Contracts: Who retains the hardcopy?

It seems obvious that a Contract Administrator would retain the 'original' hard copy of a Construction Contract between an Employer and a Contractor, but is this correct, and is it expressly stated ...
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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 ...
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0answers
38 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 ...