We’re rewarding the question askers & reputations are being recalculated! Read more.

Questions tagged [contract-law]

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

Filter by
Sorted by
Tagged with
1
vote
2answers
36 views

Would a hypothetical anonymous musical be artist in violation of Spotify's Terms of Service?

In Spotify's Terms of Service (specifically, Section 8: User guidelines, Statement #8.22 of https://www.spotify.com/us/legal/spotify-for-artists-terms-and-conditions/), Spotify states that in ...
0
votes
0answers
14 views

Legal contract vs agreement made through email and facebook messages

An agreement is made in California with my sister and another person through emails and facebook messenger that the person will be taking the year long lease but only until December. After December my ...
1
vote
0answers
52 views

What is the legality behind landlords throwing away tenants belongings UK?

Me and my housemates have started having issues with our landlords, where they will dispose of any utensils left on the kitchen worktop or in cupboards without being cleaned. Before moving into the ...
0
votes
3answers
42 views

Signing a contract where some agreement is mentioned but not disclosed?

I got a termination contract that should be signed by 3 parties - me and 2 others. Basically, it is about the termination of initial contract. Thing is some specific agreement with id number is ...
2
votes
2answers
34 views

Damages when third party contractual obligations prevent mitigation

In the SCO v Linux fisco SCO argued: sure, ordinarily we'd mitigate damages by telling the Linux kernel programmers what the infringing code was so the infringing code could be removed, but ...
0
votes
1answer
34 views

Buying a business in Germany

Therr is Person A with SoleTraderCompA and person B with no company. Person A wants to sell to B, B wants to buy. Both residents of Germany. How can this be processed? Transfer obligations etc. ...
0
votes
1answer
36 views

Question about employment contract

I was asked to agree to the following employment agreement and I have concerns: I acknowledge that all of my work product, including materials, ideas, and other property, whether or not copyrightable, ...
1
vote
2answers
46 views

Given the doctrine of Contra proferentem wouldn't it be better for the non-drafting party to not point out ambiguity?

This question is a follow up to If a party says something about interpretation of contract, is it binding? Since courts usually interpret an ambiguous term in the favor of the party that did not draft ...
0
votes
3answers
67 views

Must one accept an offer to fix a defect before suing for damages

A building contractor was hired to do certain work. The contract stipulated that the contractor would be paid in full once the work is successfully inspected by the city building compliance inspector. ...
0
votes
2answers
57 views

Does company have the right to purchase my vested shares after I quit?

Here's some context in case it's relevant. I worked at a startup which issued shares (not options) to employees. A good chunk of my shares have vested over the 4-year vesting period. I have ...
0
votes
1answer
52 views

Can class action lawsuits be filed against game developers that release broken games?

When game developers release games that are unplayable at launch, are there any applicable laws that protect the consumers that paid for the game? Most recently, Rockstar Games released Red Dead ...
5
votes
1answer
778 views

Can a landlord ask a tenant to sign an addendum to the lease that changes the terms of the first lease?

If a landlord asks a tenant who signed a 12 month lease to sign an addendum after they have already moved in that changes the terms of the lease to move out within 3 months of the landlord's death, ...
5
votes
2answers
533 views

HR wants me to sign a confidentiality on something I reported. How big is the scope of the agreement?

Basically what happened is a coworker made a false statement about me, relating to my work, on Social Media. I reported it to HR. HR wants me to sign the following. I'm concerned with how broad and ...
1
vote
3answers
57 views

Understanding incentive stock options in a consulting contract for a startup

I have a verbal agreement with a pre-seed startup to do some work for them on a part-time, consulting basis. We had agreed to some cash and a specific equity percentage and vesting schedule (x% over y ...
2
votes
1answer
154 views

We sold a salvage car as-is. The buyer can't get it Titled. Do we have to fix it?

We recently sold a car that we weren't aware there was a salvage title on. The money has already been exchanged and the title signed over to them. The buyers, discovering its salvage status, are now ...
1
vote
1answer
41 views

Question about (kind of old) immigration process

Long story short: I live in Washington DC (South American country citizen, Green Card now). I started the process to get H1b Visa (March-2016, I know, long ago) with a company in Houston, TX. In ...
0
votes
2answers
68 views

If the person named in an agreement is not the person who signed, is the agreement enforceable?

Here's a slight variation on this question: "If two spouses are named in an agreement but only one signs, is it valid?" In our case, I signed an agreement that only has my wife's name printed on it. ...
2
votes
3answers
163 views

My former employer is threatening to sue me

I live in Kampala, Uganda and for the past eight months, I was doing software development for a local company since late February this year. Last month I resigned from my position and my employer ...
0
votes
1answer
146 views

is a finger squiggle on an iPad truly binding?

We recently had a massive hailstorm and, following that storm, we saw an endless stream of roofing contractors knocking on our door. We're in Boulder County, Colorado. A representative from one of ...
0
votes
0answers
43 views

Roommate agreements

I am renting a 3-bedroom townhouse with 2 other people. Before we renewed the lease, I told them that my fiancé would be moving to this country and would need to move in. I agreed then to pay a ...
0
votes
0answers
22 views

consumer protection in obtaining legal documents from a car dealer

I am 85 years old and recently purchased a Frontier Truck from Nissan World Car. The truck is a 2019 and was damaged on the hood and top of the truck, however, in good faith I agreed to purchase it ...
0
votes
0answers
14 views

Where would King's Norton Metal Co v Edridge Merrett & Co [1897] fall, under the minority decision in Shogun Finance Ltd v Hudson (2002)?

Where would King's Norton Metal Co v Edridge Merrett & Co [1897] 14 TLR 98 fit in the red branch or columns, under the Minority's decision? The author mentioned it on the left in green, but not ...
0
votes
0answers
11 views

Where would Boulton v Jones (1857) fall, under the minority decision in Shogun Finance Ltd v Hudson (2002)?

Where would Boulton v Jones (1857) 2 H & N 564 fit in the red branch or columns, under the Minority's decision? The author mentioned it on the left in green, but not on the right in red. ...
1
vote
1answer
83 views

If you paid $2.5 for a car that's worth $3 if of the age represented, why would you get (1) an award or (2) loss of bargain damages?

I don't grok the emboldened hypothetical. I simplified the math in the title; dividing prices by 1000 doesn't transmogrify factual pattern. If car = 3K if of the age repesented, then Alex got a ...
0
votes
0answers
7 views

What pre-conditioned UTCCR 1999's operation, no longer applicable under CRA 2015, rather than be one of the criteria for a particular s.'s operation?

What does "it" refer to? What is "this precondition"? Prof Richard Taylor, Damian Taylor. Contract Law Directions (6 edn, 2019). p 125. 6.6.2 Case law under the UTCCR In order to understand ...
12
votes
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 ...
0
votes
1answer
57 views

What is the right daily rate for annual leave in the UK when unspecified in employment contract?

tl;dr I had an amount of annual leave at the end of my contract and I want to determine the daily rate for payment in lieu of the untaken days of annual leave. My employer initially paid half the ...
4
votes
3answers
233 views

Can a landlord use the delivery of U.S. mail as a method of surveillance?

This is an on-going struggle for me with the management of my apartment building. In the past, the manager has instructed the USPS mail carrier to return-to-sender my mail, because it was addressed ...
1
vote
1answer
34 views

Can a voided contract be amended?

The 1st contract was signed by both parties but the services were misrepresented to Party A. This made the contract void. Party A attempted to back out of the contract, but Party B amended the ...
0
votes
0answers
36 views

Why's it rare for an apparently insignificant term (perhaps labelled as a warranty) to be breached so as to exceptionally cause fateful consequences?

I don't agree with authors below on such factual situations being "probably quite rare"? Did I misapprehend something? I'm thinking of a David-and-Goliath factual pattern, where an airline expressly ...
0
votes
1answer
49 views

In Felthouse v Bindley (1862), why didn't the nephew claim?

Prof Richard Taylor, Damian Taylor. Contract Law Directions (6 edn, 2019). p 41. Kindly see the last sentence, emboldened, at the bottom. Acceptance by silence The law often makes a ...
0
votes
2answers
63 views

Why didn't Carbolic Smoke Ball Co dispute Ms Carlill's alleged proper use of their smoke ball?

In the first-instance judgment [1892] 2 Q.B. 484, Hawkins J wrote "The facts not being in dispute." But how could've Carbolic Smoke Ball Co trusted Ms Carlill's proper use? Perhaps she misused it, or ...
-1
votes
1answer
45 views

Authority to write Letter of Intent

I work as a casual (non permanent) employee of an organisation, and the manager has asked me to write a letter of intent to send to a third party to outline intent to do something that has about a 50% ...
-1
votes
1answer
46 views

If the evidential onus is shifted to the defendant to displace the complainant's evidential inference; how isn't the burden of proof reversed?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 349. Kindly see the red underline. How can the 'shift of the evidential onus to the defendant to displace the evidential inference raised by ...
10
votes
2answers
411 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 ...
2
votes
2answers
47 views

Why would contractual damages be superior to returning defective items?

Mindy Chen-Wishart. Contract Law (2018 6 edn). Scanned p 225. Where the claimant refuses to continue with the contract, the court must decide whether this amounts to rescission (limiting her to ...
0
votes
0answers
7 views

Why must fully vs. partially enforceable promises be immediately divided?

Please see green underline. Mindy Chen-Wishart. Contract Law (2018 6 edn). p 143.
0
votes
0answers
13 views

What means it to divorce enforcement from exchange? Why isn't the proper remedial response obvious?

What do the 1. red and 2. purple underlines mean? Thanks. Mindy Chen-Wishart. Contract Law (2018 6 edn). p 143.
0
votes
1answer
13 views

Why can the right obtained by giving nominal consideration be less secure, if not negated?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 121. I read Law of Property Act 1925 s(205)(1)(xxi) quoted, but still don't understand (ii). (xxi) “Purchaser” means a purchaser in good faith for ...
1
vote
1answer
11 views

How'd parties 'negotiate around the remedy' to 'share the profits (or savings) from breach rather than allow the contract breaker total retention'?

Mindy Chen-Wishart. Contract Law (2018 6 edn). p 24. I don't understand the red sentence. Kindly can someone expatiate it? or give an example with numbers?
-1
votes
1answer
95 views

What meant LJ Denning by “ample content can be given to the notice”?

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 200. Click here to download judgment. Wikipedia quotes the germane para. In cases where it is clearly a common inn or, indeed, ...
0
votes
1answer
68 views

What can I do legally to a friend of a friend who returned items damaged? Or stole them?

I'm leaving some things (a suitcase and a computer) with a friend of a friend for a month, so I don't really know the person too well. I have some sketchy feelings about leaving my stuff with them ...
0
votes
0answers
14 views

Terms and Conditions between Company & Customer following aquisition [duplicate]

Where a Company (Company A) has been acquired by a new Company (Company B), what happens to Company A's customers contracts in regards the terms and conditions that the customer signed. I am ...
0
votes
1answer
32 views

Implied-in-Law vs Quasi Contract

Based on my understanding an "implied-in-fact" contract is one where a moving party acts to benefit the responding party, and where the responding party was aware of the expectation of the moving ...
2
votes
3answers
76 views

Are recorded conversations regarded as legally binding contracts?

Situation: there is a cell phone account in my sister's name. However, she does not use any of the lines, and she does not pay for it (payment comes out of my personal credit card automatically). I ...
-3
votes
3answers
115 views

Employee Stock Ownership as long as Employee Stays in the Company, What Kind of Nonsense is This?

Recently a friend of mine has received a stock buy offer from its company. The company offered to sell a specific amount of the company shares with a nice discount rate, because he was in a critical ...
0
votes
1answer
112 views

USA apartment rent application: is it legal to require employment?

When applying to rent an apartment in any state of the USA, is there any federal regulation that prevents the landlord from requiring the applicant to provide a proof of past/present employment, while ...
-2
votes
2answers
82 views

A Contract change filled with Penalty Fees

I (The Contractor) have a Services Contract with a company (The Company). Working together more than 2 years, in a very non traditional, hard to replace service, now they are restructuring their ...
0
votes
2answers
46 views

Introduction to business law [closed]

In business law our lecturer asked,; Who pays for a good damaged after a customer selects items from a shop or super market to buy,is it the customer or the owner of the business He therefore ask the ...
0
votes
1answer
38 views

Usage: “Error of Fact”

If a contractor asserts a series of false statement in a record, whether it is mistaken or intentional, is it incorrect to label the group of false statements "Error(s) of fact"? Upon looking up an ...