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

You identify basically two issues. Non-Responsiveness and Failing To Meet Deadlines One is that he's taking longer than planned to get your work done, and might have abandoned you. The sad but true reality is that lawyers frequently do get busy and sometimes fail to meet the deadlines that they have set for themselves. In this respect, the legal industry ...


9

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 ...


8

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 ...


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

What do I do? Promptly hire a new lawyer. Dispute claims for fees to the extent that they were not earned or that no value was conferred.


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 ...


4

Based on other questions you have posted, I will assume you refer to some jurisdiction in the U.S. Is Joe allowed to refuse this offer and go to court anyway? I wonder if this is legal since it may seem as though Joe is not interested in the actual amount but simply is interested in the fight and/or defaming the corporation. Yes, it is legal, ...


4

If such a case came to court, the court would presumably rule that merely publishing the advertising could not be considered to be doing something "commercial". (Otherwise the contract would be absurd, as the question points out.) The court would therefore define "commercial" as some act beyond merely displaying the advertising -- perhaps charging for 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 ...


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

I assume that you arranged a contract with some company which paid the contractor the full amount, and not you have to pay that company. If you stop paying the finance company, they will initiate legal proceedings against you to make good on your obligation, and that won't affect what the contractor does. It might not hurt you to write a formal letter (no ...


3

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

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 ...


2

That will depend on what the company bases their claim on. Read the contract for the domains, and/or the general terms and conditions of the company. My guess is that your contract with the company (for the domain) says that the contract renews every year (or so) until you cancel it - that is standard for many types of service contracts. In that case, the ...


2

does the email chain above set out a legally binding contract, would it stand up to the test in a court Generally speaking, yes, unless you signed a "more formal" contract thereafter. The more formal contract would supersede the email chain. Furthermore, the subsequent conduct by both parties evidences the existence of a contract. The fact that you have ...


2

If they have done what the contract requires them to do (plumbing) then you must do what it requires you to do (pay them). If they have not yet fulfilled their obligations, that is, the work is not yet complete, then you do not yet owe them the money (unless the contract provides for progress payments). If they have breached the contract in a way that ...


2

I don't know about New Mexico specifically, but in most states, the plumber could sue you in a court appropriate for the amount at issue. The plumber could also file a contractor's lien on the property.


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

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

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

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

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

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 ...


1

Suppose the landlord gives notice to the tenant of intention to make an inspection beyond those specifically permitted in the lease, and the tenant objects. If instead of obtaining an order under the Residential Tenancies Act (or following a comparable procedure in some other jurisdiction) the landlord simply uses a key to access the apartment and inspect, ...


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