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40 votes
Accepted

If I give my daughter $50k for her wedding and she elects to use the money to pay down a house, can I sue her?

If she broke a contract, yes Putting aside that lawsuits end relationships, contracts between family members are just as enforceable as any other contract. However, based on the information provided ...
Dale M's user avatar
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22 votes

If I give my daughter $50k for her wedding and she elects to use the money to pay down a house, can I sue her?

The answer by DaleM isn't wrong, but I would state it with a different emphasis. It would be extremely rare for an intrafamily gift to be a binding contract, if it isn't part of a will or a trust. On ...
ohwilleke's user avatar
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6 votes

Conflicting clause in contract

Courts will attempt to interpret the terms of the contract harmoniously. Terms that appear to be in conflict when read in isolation may not be in conflict when interpreted in their full context, ...
Jen's user avatar
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5 votes

Real estate verbal acceptance

Yes common-law Unlike contracts for chattels or services, real estate contracts are not binding until they are reduced to writing and signed by both parties. With some additional complications for ...
Dale M's user avatar
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4 votes
Accepted

Discount code as a contract breach remedy?

canada Did Acme have the obligation you suggest? You are essentially asking whether Get a 5% OFF promo code after you complete your profile creates an obligation for the service provider to provide ...
Jen's user avatar
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4 votes

What is the likelihood of recovering full costs of winning an expectation damages case?

canada It is extremely unlikely for a plaintiff to be awarded full legal costs (also known as "solicitor and client costs" or "full indemnity basis") and disbursements. Instead, a ...
Jen's user avatar
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3 votes

What is the likelihood of recovering full costs of winning an expectation damages case?

It’s a possibility Costs are complicated and, ultimately, discretionary. The general rule in common law jurisdictions outside the USA is that costs follow the event. That is, the successful party is ...
Dale M's user avatar
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3 votes

Is there an overlap between breach of contract and negligence?

united-states But what is the interaction between these two types of actions? Is a breach of contract a type of negligence in addition to being a separate cause of action in its own right? There are ...
ohwilleke's user avatar
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3 votes

Is there an overlap between breach of contract and negligence?

Contract and negligence are separate causes of action, in their origins, elements, justifications, and rationale for remedies. Duties in negligence are imposed on relationships of sufficient proximity ...
Jen's user avatar
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2 votes

How are intangible losses assessed for damages?

Given that liability already has been decided in Bob's favor and the question is only about how intangible losses are valued: Bob would have to demonstrate to the court, with evidence such as ...
IKnowNothing's user avatar
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2 votes
Accepted

Seller Financing a Car and repos

Let's say someone wants to sell a car to an individual via seller financing.. The individual puts down 1,000$ and finances the other $3,000.. and agrees on monthly payments of 200$ the seller becomes ...
Trish's user avatar
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1 vote

What legally happens when an owner is removed from a company for bad behavior

I don't know how to corroborate it, but someone on Reddit wrote: in this LLC, they were setup were all 4 Try Guys were owner-managers, and the way they setup the bylaws is that the 3 could agree to ...
Barmar's user avatar
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1 vote
Accepted

What legally happens when an owner is removed from a company for bad behavior

There isn't a general answer to this question. The grounds, if any, for removing a business owner from management and/or ownership of a closely held business are usually specified in the governing ...
ohwilleke's user avatar
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1 vote

What constitutes "fault of the buyer"?

"Fault of the buyer" in this case, would normally mean that the buyer breached the contract to sell their home, or otherwise actively undermined the sale of their home (e.g. by colluding ...
ohwilleke's user avatar
  • 221k
1 vote

Do you need to inform the other party that he is in breach?

As always with contract law, what does the contract say? It is possible to have a time bar clause in a contract that limits or eliminates seeking damages if action is not taken within a specified time....
Dale M's user avatar
  • 213k
1 vote

Do you need to inform the other party that he is in breach?

You are required to use reasonable effort to mitigate your damages. If the other party's breach causes you ongoing damages, the judge is almost certainly going to find that notifying them of the ...
Justin Cave's user avatar
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1 vote

Do you need to inform the other party that he is in breach?

Secondly, if you don't notify after a long time (due to some difficulty?) would your compensation get prejudiced? Yes For a written contract, you generally must file your lawsuit within 4 years of ...
Nicolas Formichella's user avatar

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