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

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For the purposes you are discussing, contract law would be applied to the situation, even if the HOA governing documents are not always contracts in a conventional sense, and are subject to rather ela …
answered Sep 15 '18 by ohwilleke
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The definition in the OED is actually basically correct. In this context "to the order of" means that the lawyer holding the physical signed original contract document (which is a form of tangible per …
answered Nov 16 '16 by ohwilleke
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In other words, you are asking if the contract is exclusive. My own opinion is that there is more than one fair reading of the contract language in isolation. One possible reading is that "for repair …
answered Apr 28 '17 by ohwilleke
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In a university it is the job of the professor to communicate what is necessary to complete the course on behalf of the university. You disclosed all facts necessary to all the appropriate people to a …
answered Dec 1 '16 by ohwilleke
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The duty to mitigate damages is a common law principle, established by case law, that applies in almost all lawsuits seeking money damages in every U.S. jurisdiction. It is not made up for television. …
answered Jul 24 '17 by ohwilleke
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If A and B are in a contract, with B liable to A, and a third party C takes over the liability of B to A without the consent or involvement of B, is the contract between A and C legal? A thir …
answered Jul 27 '17 by ohwilleke
2
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A government determination that a license should be issued is authoritative as to the world and typically only the government that issued it would have standing to challenge its validity. Anyone can e …
answered Mar 7 '18 by ohwilleke
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Basically, a long time ago, the "consideration" requirement to form a contract was quite substantial. But, over time, for a variety of reasons, the consideration requirement of contract law was eroded …
answered Apr 22 by ohwilleke
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Yes. Anything related to a contract can be done by mutual agreement.
answered May 22 '18 by ohwilleke
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The term "misstatements of fact" would be far more conventional. When a statement is not true, it is a "misstatement", and that term does not imply any particular degree of intent. It is not synonymou …
answered Oct 13 by ohwilleke
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Contracts can be established orally or by the conduct of the parties through part performance, or by the conduct of the parties through non-verbal indications (e.g. a thumbs up sign or a handshake), i …
answered Dec 26 '18 by ohwilleke
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"this contract can only be modified in writing by an addendum". I've read this is redundant as it's always true. The intent of a clause like this is to prohibit an oral modification of the cont …
answered Feb 25 '17 by ohwilleke
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The common form of analyzing an issue like that in law school is in "IRAC" form. This stands for: Issue, Rule, Application and Conclusion. Thus, you might write something along the lines of: Iss …
answered Oct 14 by ohwilleke
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The contract is valid if the party to be bound authenticates the record they are affirming, even if nothing other than the authentication itself identifies the party to be bound by name or anything el …
answered Aug 9 '18 by ohwilleke
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Some written laws are by their nature merely default rules, others are binding in both common law and civil law countries. For example, many countries (both common law and civil law) have a law that …
answered Nov 17 '17 by ohwilleke

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