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2
votes
2answers
70 views

What is my relationship with a service company contracted by my insurance company?

I am wondering about the legal terminologies that define a relationship that I have with a service company. Some maintenance work was needed for several appliances at my home, so I contacted my ...
2
votes
1answer
54 views

What is meant by “right, title and interest”?

In contracts what exactly is meant by the words (both collectively and individually) "right, title and interest"? Example from Docracy Assignor exclusively owns all right, title, and interest in ...
0
votes
5answers
59 views

What is it called when a pre-defined penalty is specified in a contract?

In contract law, what is a pre-defined penalty for non-performance called? For example, if the contract says something like: "so-and-so will do xyz by May 5, 2021, and if so-and-so should fail to do ...
0
votes
2answers
85 views

Are there any legal terms to use for charging the client for downtime hours at reduced full-time rate?

Normally, when working as a contractor, the bench time — when the client fails to provide you with the work to do, and no explicit work hours were assigned, either — is not compensated. This could be ...
1
vote
2answers
237 views

What exactly does “without prejudice” mean and how does it work?

According to businessdictionary.com without prejudice means Law phrase: Without abandonment of a claim, privilege, or right, and without implying an admission of liability. This sounds pretty ...
3
votes
1answer
168 views

How did 'consideration' semantically shift to mean 'something given in payment'?

What semantic notion connects the bolded meaning beneath with all the others that aren't related to recompense? To me, nouns like remittance or solatium (if we prefer an uncommon term) fit the bolded ...
0
votes
2answers
99 views

Why was the adjective “special” embraced for “special damages”?

Source: A Brief Introduction to Law in Canada (Mar. 2017). p. 173 Middle. As in tort law, the most important remedy in contract law is damages. Contract damages classified differently, though. ...
3
votes
2answers
895 views

Is there a difference: “two-sided” vs “bilateral”?

Is there any real difference between "two-sided contracts" and "bilateral contracts"? (And also between "one-sided contracts" and "unilateral contracts"?) After scouring the web, it seems that in ...
0
votes
1answer
38 views

What happens if governing law clause specifies a state but not country?

A common clause is "this contract is made in accordance and to be construed by the laws of the state of California". What if something in the the contract applies to federal regulation and law but not ...
1
vote
1answer
69 views

Is everything in a contract really a term or warranty?

In another question it was claimed that everything in a contract is a term or warranty. It has got to be more complicated than that. For example is the title of the contract a term? Is the execution ...
1
vote
2answers
91 views

Google Maps Terms of Service

I came across a section of the Google Maps Terms of Service (link) that confuses me. I am currently developing a phone app and would like to use Google Maps. Is this section saying that Google owns my ...
2
votes
1answer
341 views

Is the phrasing in a lease important? e.g. “not allowed” vs “must not” vs “shall not”

I asked the question about legalese and it seems the important part is that the parties' intents are communicated clearly. I've noticed in property leases there are quite a few different styles of ...
2
votes
1answer
62 views

Terminology for contracts in multiple Languages

My company is having contracts drafted in both English and Japanese and we want to have the English version take priority over the Japanese. Is there a specific legal term for this structure?