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Questions tagged [contract-law]

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

196
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7answers
42k 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 ...
38
votes
3answers
9k 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 ...
28
votes
4answers
99k 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 ...
26
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2answers
8k 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, ...
21
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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 ...
13
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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 ...
13
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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 ...
12
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2answers
12k 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 ...
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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1answer
4k 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 ...
8
votes
2answers
794 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 ...
8
votes
3answers
8k views

Can my manager make me do unpaid training like this?

Context: I work at a restaurant in the UK. I am new and haven't yet completed the online training Program's I have been asked to complete. It's pretty much a zero hour contract (I think it's 12 hours) ...
8
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1answer
3k views

Is a job offer letter sent and accepted by email, legally binding?

TL;DR: You could also jump to the last paragraph. I was interviewed and selected by a software startup in India. Saturday was not a working day for them, but yet their tech VP, product manager and ...
7
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3answers
3k views

“This provision survives the termination of this Agreement.”

In a business contract, does the following statement : "This provision survives the termination of this Agreement." Means that the provision survives for a unlimited amount of time? Is there a ...
7
votes
2answers
349 views

Am I obligated to sign contracts and fill out paperwork post termination?

I was asked to resign from a startup then sometime down the line the company asked me sign the following documents Terms of Resignation Employee Invention Assignment and Confidentiality Agreement ...
7
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3answers
1k views

What happens when a contract was signed but a party can't fullfill their oblications due to circumstances outside their control

I know this is a bit of a vague question but I'll give some specific examples. When a contract is signed, and a certain part is not met for extenuating circumstances, when can legal action be taken (...
7
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2answers
3k 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 ...
7
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2answers
2k views

Is it necessary to state in a contract that if one part is found unenforceable, the rest still is?

I've seen in some contracts clauses stating something like If a term or condition is found to be unenforceable, the rest of the contract still remains in affect. Is this necessary? Unless ...
7
votes
2answers
1k views

Is it illegal to lie in an interview?

Strange question. I had been contacted by a recruiter for a job. Tomorrow is my final round interview. I had been getting a strange feeling and today the recruiter basically told me that when I work ...
7
votes
1answer
2k views

Are so-called “BDSM Contracts” legally enforceable? What specific laws would forbid this?

This is a serious question, and I'm hoping and thinking the answer is no, but I was hoping to get perspective. I heard from someone online claiming to be a law student that they might be, and I was ...
7
votes
1answer
1k views

Is my bond (employee contract) legal in India?

I live in India and I have signed a contract of one year with my employer. But now I want to leave my company. However when I sent my resignation email they told me to take legal actions on me. ...
6
votes
3answers
252 views

Can contracts include irrevocable terms of imprisonment for breach?

As noted here: At least in Israel, by agreeing to marry under religious law a person is irrevocably subject to that law's rulings, to the extent that a religious court can sentence one to a term in ...
6
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2answers
239 views

Legal definitions in the United States

When trying to learn about and understand law, one of the most important aspects of it is the legal definition of a word. Is there a source in which the courts refer to when looking to define a word? ...
6
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2answers
2k views

Is it legal to backdate an agreement?

On Workplace.SE, "My employer wants me to a sign an NDA that is backdated more than 2 years" describes the following scenario: OP is an employee working on a project OP has been working (for 7 years ...
6
votes
1answer
135 views

Is it legal to take full pay for partial service?

My fiance recently went on a 7 night cruise abroad and would not have cellular service. She hired a local pet sitter to come by her house 3 times a day to feed, water, and change her dog's paper. They ...
6
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1answer
5k views

Can I cross out parts of a contract before signing it?

Assume there is a contract that was typed on a computer then printed out, and only one party needs to sign it. Examples of such contracts are "sign here to show it's ok for us to contact your ...
6
votes
2answers
1k views

Is it even possible to use the Google Maps API without violating their terms of use?

I went to the Google Maps API terms of use page and scrolled down and found section at 10.5f, which read: No incorporating Google software into other software. You will not incorporate any ...
6
votes
1answer
94 views

Under what circumstances may companies require consumers to agree to secret terms?

In some Wifi hotspots, especially by AT&T, new browsers are presented with a login page that requires users to indicate they agree to the terms of use. The terms are hyperlinked, but clicking on ...
6
votes
0answers
566 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. ...
5
votes
2answers
370 views

Accept vs Agree

In a contract, is there a difference between "accepting the terms and conditions" versus "agreeing to the terms and conditions"?
5
votes
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 ...
5
votes
4answers
1k 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 ...
5
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1answer
4k views

Why do legal documents often have a place next to the date?

I am talking about Switzerland. So why is there often a line for the place next to the date? Is it for some historic reason, to be easier to archive or is it to prevent fraud? Does anybody know more ...
5
votes
1answer
176 views

How strict should I be with “to the best of my knowledge”?

The Question: In many legal documents, there is a section for you to sign where you declare that the document is correct to the best of your knowledge. If something small or relatively unimportant ...
5
votes
2answers
240 views

Can a contract make it so the client is responsible if they get you to do something illegal?

Is there a way to make it so that if your doing work for someone, and they get you to do something illegal, they take responsibility? I’m guessing not, but thought I would ask. Someone who’s making a ...
5
votes
1answer
414 views

Can a dark web site exempt itself from prosecution with an immunity agreement?

Is it possible in the United States for a dark web site operator (or potentially anyone involved in an illegal activity) to create a contract that legally binds a law enforcement organization to grant ...
5
votes
2answers
84 views

Can I require someone to donate money to a charity I'm not associated with prior to donating an embryo to them in the USA?

I have a left over embryo from IVF which I plan to donate to someone else so they can have a child. However, I want to do the most good with this embryo as possible, and so it occurred to me that in ...
5
votes
1answer
123 views

Would the terminally ill Star Wars fan who was granted an early viewing of 'The Force Awakens' have been legally bound to keep the plot a secret?

Since reading the news story about Disney and Lucasfilm granting a terminally ill Star Wars fan's wish to see the New Star Wars movie before he was taken by cancer (Good guys Disney and Lucasfilm!); I ...
5
votes
1answer
209 views

Signature authority for corporations?

Let's say I'm a disgruntled McDonald's employee. One day I walk up to someone and give them a piece of paper saying "McDonald's agrees to give you ONE MILLYUN DOLLARS in exchange for your pocket ...
5
votes
2answers
595 views

Open Source Software and Legal Responsibility for Software Content

I'm working with a few folks on updating some serious software for mechanism design. Engineered mechanisms have existed in the world now for a few hundred years or so. The science here isn't really ...
5
votes
1answer
379 views

USA: Does a user who has falsely stated that he/she has read an EULA or similiar agreement risk liability solely for the false statement?

Many software products and Internet services require that users agree to an EULA or terms of service agreement before the product or service can be used. The user is often required to state that he/...
5
votes
1answer
129 views

Can employer claim ownership of intellectual property made while not at work?

I've heard in job contracts there can be clauses saying that all intellectual property created by the employee during their employment, belongs to the company, regardless if it's done during hours ...
5
votes
2answers
58k views

How to prove that someone forged my signature on a contract that I was not aware of?

I found this similar question that already has an accepted answer. However, I don't fully like that answer because it says that "signed contract would not be binding if you can prove that it is fraud"....
5
votes
2answers
203 views

Terminating an employment agreement with non existing “statutory notice period”

I received an employment contract for a definite term of six months. One of the articles in this agreement states (literally): The Agreement can be terminated prematurely by each of the Parties ...
5
votes
4answers
441 views

What is the point of website Terms and Conditions?

I was considering answering How prominent must terms of service be?; when I was struck by a thought: what is the point of website Terms and Conditions anyway? Clearly, if they form a contract and ...
5
votes
1answer
198 views

Is it legal to restrict housing to certain occupations?

I've spoken with a landowner in the rural area of Saratoga, California, who owns a single parcel with more land than he knows what to do with, and I asked him why doesn't he build an MDU or some such, ...
5
votes
1answer
675 views

Is contract valid if only one side signed it?

The company sent me the contract, I signed it and returned back to them, so now they should sign and send me the copy. In Germany, what if they decide to not sign and withdraw the process. What one ...
5
votes
2answers
232 views

Can a product's manufacturer attach conditions (such as an arbitration agreement) to the sale of its product by third parties?

TL;DR Is the contract of sale, including binding arbitration, referenced on the packaging of Western Digital (WD) products legally binding? To summarise the relevant facts: This is a contract of ...
5
votes
2answers
1k views

How can a license agreement or terms of use be enforced on a minor?

Since a license agreement/terms of use document is a contract between the publisher and the end-user, and since minors are prohibited from entering into legally binding contracts in most U.S. states, ...
4
votes
2answers
2k views

Buyers missed closing date due to delay in the sale of a contengency property — What happens to the deposit?

This is a more focused, side-question based on some discussion in this post. Our Contract Details: Closing date of August 18th The contract has a buyer contingency of them selling their condo The ...