23

What legal options do I have here? It depends on how much you are owed. If it is less than $5000 (in a city court) you can sue them in small claims. If it is more than that, you'll have to sue them in a different court. Do I have a claim to salary if I quit? Yes, absolutely. You quitting does not relieve the business of its obligation to pay you for ...


20

Legal question, statistical (economic) answer. You need to evaluate the expected value of an outcome which is the sum of the product of probability of winning and the gain (or loss) from winning and the product of the probability of losing and the gain (or loss) from losing. As a mathmatical expression: Expected value = [P(winning) x gain] - [P(losing) x ...


9

The New York Department of Labor will investigate claims of withheld wages and withheld wage supplements (i.e., bonuses). The latter is harder to prove, but even an oral promise is something that will be investigated. Note that the NY Labor Department will not investigate claims that are before a small claims court, so it may be the case that you have to ...


8

A problem is that statistical "expectation" answers (percentage chance x value) are not a value one may expect to receive. They are a value which on average may be expected if there were repeated events. For a lawyer, with many clients and cases, an accurate expectation will suggest how they can maximise their overall case wins. But its a lot less clear ...


7

This is not a place for specific legal advice, but you shouldn't be afraid of the small claims court; I'm doing that myself and it really is a low-risk and straightforward way to get money that is owed to you. Step 1: Get the boiler repaired or replaced as necessary. Keep the receipts. Don't be tempted to get an upgrade or anything else to push expenses ...


6

The contract is enforceable No one is in any doubt that the parties to the contract are you and Smith Homes and everyone knows that Smith Homes means Smith Homes LLC. The written document is only evidence of the contract, the contract is the entire commercial relationship. Contracts are not invalid because they have typos or minor irregularities- otherwise ...


5

Is there a rule of thumb for determining the amount one should accept for of a settlement offer? No. It is entirely up to the injured party to decide how much he is willing to irreversibly give away in a settlement. The party should crunch numbers to ascertain the actual amount he would receive after expenses (first and foremost, attorney fees, if he is ...


5

Don't do it. It is of course breach of contract when you signed a contract with no intention to fulfil it. However, you are talking about Germany. German employers take a very dim view of this. While a UK employer would say "good riddance" and do nothing, many German employers would see that as a personal insult. It's something that you just don't do in ...


5

Can the seller enter a formal agreement with the tenants in which the seller pays a sum of money and in return the tenants vacate the premises before the closing date, and would such agreement hold over the tenants legal right to remain on premises past the closing date? Maybe. It depends on tenancy law in Nova Scotia. Notwithstanding, given that the ...


4

client must provide me a suite in his hotel that costs $10K for a night based on a contract we held in the past (the contract has expired as of 31-Dec-18 but he never rendered the service because I didn't ask for it. The contract mentioning $10K has expired and is no longer relevant. You had a chance for a $10K suite before 31 Dec 2018 but you did not ...


4

Does a situation like this constitute breach of contract and/or a violation of advertising laws? No. There is not enough information that would lead to a finding of either. It is unclear how customers would be allegedly affected (if at all) by the release of a product at a different store, let alone where the goods or services at issue are digital and ...


3

Is there any sort of implied expiration date for a contractor's completion for medium size contractor jobs (< $10k)? Absent a provable deadline, the question would be whether the delay is reasonable (or habitual) under the circumstances. The contractor's presumption that he can do whatever he wants regarding unspecified aspects of a contract is ...


3

Does the original 'No Problem' good will waiver from Party B holds in court? Generally speaking, yes. Party B cannot undo his waiver unless (1) it was induced fraudulently, or (2) the contract supports striking that kind of waivers. There might be other scenarios entitling B to undo his waiver, but all of them are exceptional and don't differ that much from ...


3

If the agreement is the result of a binding determinative process like the decision of a court, arbitrator or administrative tribunal, the aggrieved party can go to the court for enforcement. If it isn’t, then the agreement may be enforceable as a contract (see What is a contract and what is required for them to be valid?). Breach of the contract allows the ...


3

Suppose Publisher printed 10,000 copies under the terms of the contract, and within those two years they sold 7,000 copies (and paid royalties). If you did not receive leftover copies at the end of the 2 years, then either (1) they broke the contract or (2) at the last minute they sold the remainder to some third party. If the latter is the case, they would ...


3

Can he/lawyer try to use the payment to me as leverage, for example, offer to give me that payment only if I agree to sign a non-compete or other document? The employer ultimately ought to comply with the written agreements between you two. The employer is not allowed to belatedly impose conditions that alter (to your detriment) the contract(s), let ...


3

It is quite normal for a person to name themselves the beneficiary of an investment- even a life insurance policy. If such a person were to die, the funds would be payable to the estate, which means the executor for distribution to the beneficiaries of the will. It is normal for organisations to hold such investments to await probate which is when the ...


3

No, you are not obligated to provide the requested information. You're out of trial court and into the court of appeals, where the civil discovery rules have basically no effect. If the case gets kicked back to the trial court, you would likely be required to respond truthfully. To cover your bases and look responsible, the most proper thing to do ...


3

A settlement is fundamentally a contract where parties A and B promise to do certain things (one of them being "stop litigating"). A court order is an enforceable order to do something. A contract cannot be directly enforced (where force is used to make a person comply), it requires a court order for actual enforcement. The conditions of a contract might be ...


3

I assume (perhaps incorrectly) that you read this especially the "New owner to occupy premises" part and did all of that, having given them Form DR-2. Then presumably you delivered the notice at least 2 months in advance of the planned closing. It is unclear why you think the tenants have the right to remain longer – perhaps you mean that you made an error ...


2

No By failing to notify you of the update they have breached the contract. This does not allow you to repudiate (end) the contract. Repudiation is only valid if it is breach of a condition of the contract or a serious breach of an intermediate term. The requirement to notify you is probably a warranty – maybe an intermediate term if it gave you the power ...


2

If you are on somebody else’s property without permission you are trespassing The guest does not have permission because the host lacked the authority to give it to them. Trespass is a crime and people who knowingly do so are subject to arrest. The host has broken their contract with their landlord/body corporate and can be sued for damages and/or have ...


2

Lying is not illegal (Except in very specific circumstances). In any event, you aren’t lying; you are making your best guess at understanding through a noisy communications channel. The circumstances are no different than if you were talking to someone with a thick accent or over a noisy phone line.


2

According to Florida section 83.806 (6) (which the link in the question amends) Before any sale or other disposition of personal property pursuant to this section, the tenant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred under this section and thereby redeem the personal property. Upon receipt of such payment, the ...


2

I want to create a CV file and include list of the projects (names, maybe screenshots (screenshots are available publicly)) which I worked on, but my old employer says that it will breach the NDA, is that so? Generally speaking, no. Contract law (including Dutch contract law) requires the principle of reasonableness. Since the publicly available ...


2

Would this make a good case to hire a lawyer on? You have a viable claim of breach of contract unless the [bonus] offer made to you is bizarre enough to exclude hires which exceed three months. But the focus on whether or not to retain a lawyer is pointless because you might end up hiring one who is too expensive, incompetent, or both. The first thing you ...


2

Here is my interpretation of the facts. W (which includes you and some others) have an NDA with company A, which prohibits A from using any material information provided by W, for two years. A was then sold to B, and B used that information contrary to the NDA. Therefore: W can sue B for damages, because they breached the agreement. The obligation is not ...


2

There's nothing private about what you listed in #1; that's all publicly available information. You can try to file an objection on the grounds of relevancy or proportionality, though we don't know the details of your case to say whether these would be appropriate or successful. If this case has left small claims, you should be consulting with an attorney.


1

If you were to quit, your employer might, depending on the contract, be entitled to a reduce the pay. However, there is a legal concept called constructive dismissal in which an employer, by their behavior, has effectively fired an employee. Not being paid certainly would be a strong basis for claiming this. If you have a contract committing you to working a ...


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