Questions tagged [contract-law]

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

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213
votes
7answers
46k views

If a company agrees to pay travel cost for a job interview, is the promise binding and enforceable?

There is a question on workplace.SE about a company which offered to pay travel costs for a job interview, but canceled the return ticket after ending the interview - Potential Employer Cancels Return ...
43
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3answers
9k views

Can I sign legal documents with a smiley face?

The signature on my driver's license is a unique and identifiable smiley face :-) I use this signature to sign all legally binding documents. A lot of the time, people reject it, and request an "...
42
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3answers
10k 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 ...
33
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4answers
20k views

Does ripping up the only signed contract form invalidate it?

Suppose I sign a contract in front of witnesses, but then immediately tear it up. Is the contract still binding?
32
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4answers
134k views

How to prove I live in a specific address?

https://www.flhsmv.gov/ddl/address.html I need to provide proof of address for the DMV, but the process can be difficult because: I live with someone else; I do not pay rent/utilities; and they will ...
32
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1answer
6k views

What's the difference between a share and a stock?

In my company constitution I found the following: At any time, the directors may allot and issue unissued shares subject to clause 8, or grant options over unissued shares, on any condition and ...
29
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1answer
4k views

Can a significant change in incentives void an employment contract?

Recently over at The Workplace there was a question regarding an employee withholding valuable information that they developed in their spare time. According to their employment contract all ...
28
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3answers
9k views

What are some possible law suits or civil actions the Las Vegas shooting victims could take?

I assume that many, if not all of the businesses, corporations and individuals who were operating and supplying services at the time of the Las Vegas Strip shootings (Wikipedia) - such as hotels, ...
26
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5answers
8k views

Do Legal Documents Require Signing In Standard Pen Colors?

I have a question as to whether or not legal documents signed in non standard pen colors (Anything other than blue or black) are valid. I carry a purple pen around that use for everyday writing tasks,...
25
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6answers
12k views

If a contract sometimes uses the wrong name, is it still valid?

I was given a contract, which at the top states my name and says "herein referred to as contractor" but in several sections of the body, it appears that there is a mistake where they use the word "...
23
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3answers
10k views

How to mitigate the risk of getting sued by clients (web dev contracting)

I'm a web dev and I'm thinking about becoming a contractor. I feel a little uneasy about the possibility of someone potentially trying to sue me. If, for example, a client wants an e-commerce website ...
22
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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 ...
22
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4answers
7k views

Why is this contract worded like a client is talking to himself?

I'm looking at a sample contract for a graphic designer who is planning on doing freelance work. I don't understand why it says that the Client should obtain all copyright permissions for materials ...
21
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4answers
5k views

UK - Working without a contract. I resign and guy wants to sue me

I am a foreigner from overseas I just arrived in UK 3 months ago. I have been working for a small startup in UK as CTO, my employer didn't want to give me an employment contract of any type, or ...
17
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4answers
5k views

What are my options legally if NYC company is not paying salary?

UPDATE: I was just let go today, May 8. After being let go, 2-3 hours later I was asked to sign a general release. Obviously I declined. I told them I cannot sign a general release as I have a claim ...
17
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5answers
10k views

May a person accept and keep bribes so long as they act lawfully?

This isn't a situation I'm in, but rather something I'm curious about. If a private person (outside of any position of authority) is bribed to keep an illegal act they witnessed secret, but chooses ...
16
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3answers
4k views

Can employer legally stop paying time & 1/2 to exempt employee after stating in the offer that they would do so?

Late July I got a job as a computer programmer on a 6 month contract with the agency that recruited me (although I actually work for another company). The job is W-2, paid hourly, but as I'm a ...
15
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1answer
31k views

When can an NDA be legally broken?

This question is purely theoretical, I promise. Let's say a person signed a Non-Disclosure agreement under certain terms, and then, somehow, they witnessed an illegal act but were forbidden to report ...
15
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2answers
1k views

By selling a flagged solution to a student to catch them cheating, would the seller be liable for the breach of contract?

This is a follow up question to this HNQ question from academia. Suppose a student S posts an assignment for school/university/... on a freelancer website. A faculty member F sees this and agrees to ...
14
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1answer
8k views

What is a contract and what is required for them to be valid?

What is a contract? What elements are required for validity?
13
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4answers
9k views

Threatening to discontinue a service for a client

Say someone advertises for their website and says "Its 100% free to sign up" then have them check a checkbox acknowledging that the owner of the site can cancel the service for any reason when they ...
13
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3answers
6k views

Can a business put a specific cancel-by date into a contract?

I attended a gym in Michigan and canceled my membership on 8/28/19. I paid month to month and was under no long term contract. Even though I moved and haven't visited the gym since 8/17/19, I'm being ...
13
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3answers
10k views

Mistakenly agreed with a scammer’s term of use

Say, someone was scammed by a false online bitcoin mining service. He invested some money to buy the scammer’s service, the service was said to produce bitcoins online at a very fast speed without any ...
13
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4answers
5k views

Is an oral “contract” legally binding?

In a comment to this question, the user @Agent_L argued that That's not an opinion, there is nothing to disagree here. From a legal point of view, a contract doesn't need a written form. It's hard ...
13
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1answer
8k views

How to prove the genuinity/nongenuinity of a signature?

I'm not a law student, but I'm very interested in the topic and learning in general. I got curious about contracts and signatures recently, so I wondered if there have been cases where contracts ...
12
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5answers
5k views

Do favors by friends and family create a monetary debt?

If someone has a business and has a favor done to help out with the business, by a spouse, other relative, or just a friend. Can the favor-doer later-on sue the business owner for money for it? I'm ...
12
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3answers
4k views

Is it against a Terms of Service/End-User License Agreement to not read it?

In many Terms of Service/End-User License Agreements, there is a statement either as art of the confirmation check box to agree to said agreement and/or as a part of the agreement itself that says ...
12
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2answers
17k views

The legal length of one month

Referring specifically to employment contracts in England, I've seen contracts that specify "one month of notice" to be given before termination of the contract. This does not specify whether this ...
12
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2answers
6k views

Do scans of signed documents have the same legal power as the original document?

It is quite common for various parties online to exchange signed documents in signed form (such as contracts for remote work). Would these documents have any power in a court of law? Is it necessary ...
12
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1answer
2k views

Can you be bound to an unsigned contract even though services are rendered informally?

So you are working on a project to build a SaaS (Software as a Service). You prepare a technical contract and have it reviewed by intellectual property lawyers and it passes their approval. You ...
11
votes
1answer
4k views

Are unclear “take-it or leave-it” contracts interpreted in my favor?

In the accepted answer to this question, it's written that: Since this is (presumably) a take-it or leave it contract which they wrote up and you didn't actually negotiate, any unclarities are ...
10
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3answers
3k views

How to interpret or parse this confusing 'NOT' and 'AND' legal clause

In the following legal clause: They shall not confer the right to attend any meeting of members and to exercise one vote for every share held. Does the NOT negates both ANDs as in: They shall ...
10
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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, ...
10
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3answers
3k views

Membership cancellation and poking the bear

I would like to start wearing a shirt to ABCGym stating something to the effect of: ABCGym refuses to refund payment it accepted for membership to a gym ABCGym closed. ABCGym has substituted an ...
10
votes
1answer
1k views

Is it legal to redefine a term against common sense in a contract

Can the writer of a contract attempt to trick the signer using defined terms? Is such a contract binding or void, and can the writer get into trouble for doing so (eg. for misrepresentation)? Two ...
10
votes
3answers
1k views

Free, conditional permission/service: contract or not?

This can be seen as another "is a free licence a contract?" question (inspired by this and this), but it focuses on the very basics of the underlying relation between parties. Alice and Bob do not ...
10
votes
3answers
1k 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 ...
9
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3answers
4k views

How can a company compel a W2 employee to sign a non-compete agreement?

Assume the company is in Delaware and been taken over by a larger corporation: If one already has the job, is it possible to for the larger corporation to compel existing employees to sign non-compete ...
9
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5answers
5k views

Can FedEx bill the recipient of a package for a “Clearance Entry Fee”, without consent?

Some time ago, I received an unsolicited birthday gift from a relative as an international package via FedEx (USA to Canada). Then, several days later, FedEx mailed me an invoice for a "Clearance ...
9
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2answers
1k views

Can my school force me to use applications or a school-issued computer if I do not agree with the terms of use for that application?

Can my school force me to use applications or a school-issued computer if I do not agree with the terms of use for that application? I do not trust most of the applications that my school requires me ...
9
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3answers
2k views

Will my employers contract hold up in court?

When I started a new job back in July of 2017, I signed a contract that had the following bindings or restrictions if I was ever to leave the company: Cannot work for a competitor within 25 miles of ...
8
votes
1answer
3k views

US laws of firing an employee

This is a follow-up from my previous question. Following my discussion with HR about the ethical violation of my manager and some colleagues, I was suddenly fired without any prior notice from my ...
8
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2answers
2k views

Contract issue (Austria/EU Law) backdating start date of work

I would appreciate some advice with respect to my situation. I was offered a job in Austria (I'm from the UK) back in the summer of 2019. The job was conditional on finishing my Masters Degree in the ...
8
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2answers
809 views

Do user agreements with a company carry on after corporate mergers or splits?

I wanted to ask in regards to the eBay/PayPal split about a month ago. Namely: Do the user agreements continue once the companies split? In my mind, because PayPal is splitting off into its own ...

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