21

Could the GoDaddy employee self-phishing test constitute a breach of contract? No. There is no contract. It was only the announcement of a gift. That gift might have been unexpected, especially if no similar bonus was given in previous years. The employee's act of filling in his information does not seemingly amount to "consideration". Filling the ...


12

Short Answer You are legally entitled to the cost of an adequate replacement (possibly a lightly used previously owned computer) reduced by the amount refunded. This is sometimes called a "benefit of the bargain" measure of the relief to which you are entitled. But as a practical matter, there is no cost effective way of enforcing your legal rights ...


9

No The contract is created at the moment that an offer was accepted. In normal circumstances: You accepted an offer that they made to the general public by sending a purchase order for specific items at specific prices, or They accepted your offer by communicating their acceptance to you (being advised that the goods have been dispatched counts). However, ...


6

Am I still considered to have entered into a contract if I don't receive the other party's acceptance? You might be, especially if the company arranged for the delivery prior to you giving your notice of withdrawal. You should have informed the company about your decision as soon as you "wrote off the idea", since that would have conclusively ...


5

Your main and probably sole legal recourse is a lawsuit. The basis for suing the store would be breach of contract. You pay them some money, they provide some goods. They failed to provide those goods – so far. The contract might say something about when the goods would be delivered, but otherwise the requirement would be "in reasonable time" (they ...


5

No Or at least not necessarily. Contract terms are legally one of three types: Conditions, Warranties, or Intermediate. Breach of any term allows the aggrieved party to sue to recover damages - monetary compensation to restore them to the position they would have been in had the breach not occurred. Breach of a condition also (or instead) allows them to ...


4

You are in default on the loan, so you owe the money When you co-signed the loan, you already agreed to be responsible for paying that. The agreement on the surrender notice to pay the remaining money is not necessary, and the other person signing it doesn't relieve you of your obligation to the bank: only the bank can do that, and they haven't.


4

This would be a case of mutual mistake or unintentinal ambiguity. If the circumstances make it clear what year the parties intended, particularly if it is the current year, a court would probably treat the contract as if it specified that year. If the parties' intentions could not be reasonably determined, a court might rule that there had been no meeting of ...


3

Yes, a contract implied in fact can supersede a written contract: if it both (1) arises after the parties have entered into their initial agreement and (2) if the subject matter of the agreement is not subject to the statutes of frauds (i.e. to a statutory requirement that agreements of this kind must always be in writing). A course of dealings before a ...


3

Legal action might be taken by the garage, because you had a contract to repair the gearbox which you cancelled (causing them some damages in time spent). You could hope that the store-owner will pay the invoice that you sent, but that seems to not be likely. The store owner can't sue you for sending him the invoice: the mechanic can sue you for not paying ...


3

It is hard to tell what the statement in the OP that "95% of the contract disputes are won/lost directly by the contract itself" was intended to mean. It isn't literally true. A breach of contract claim requires a showing in every case of (1) the existence of a contract giving rise to a contractual duty, (2) an unjustified breach of one or more of ...


2

Is this a complete and correct list of exceptions that apply to integration clauses in U.S. jurisdictions? No (neither it is for the UK or any other common law jurisdictions). No matter to what extent "entire" are the clauses, they never contract out of the underlying law (unless the law expressly allows so). Instead, contracts specify what the ...


2

If a customer sued the company for breach of contract under the circumstances you described, the company could be able to avoid liability by asserting an impracticability defense. Under Restatement § 261, the impracticability defense excuses a party from performance when after a contract is made, a party's performance is made impracticable without his fault ...


2

This is probably illegal. Forging a signature is illegal, indeed it is a crime. If you signed a contract with bank A with a certain interest rate, bank A can sell that contract to bank B, but neither A nor B can change the terms (e.g. increase the interest charge). There might be some sketchy clause in the contract that you did sign which they think allows ...


2

if the agreement gets signed by both parties, and Party B (Defendant) decides not to make the downpayment, does that constitute a breach of contract? Yes, or under some circumstances it would be tantamount to rescinding the settlement agreement. First, extrinsic evidence is generally likelier to reflect that the parties' understanding was the closest date ...


2

Such a minor defect would not render an agreement unenforceable. The courts would decide how to resolve this based on the most probable intended year. Suppose for example that the agreement is signed on July 15 2021, and the date for the down payment is February 15: it is unreasonable to assume that the intended year was 2021. Suppose the monthly payments ...


2

As a preliminary comment, since the collection agency apparently has a professional attorney who is going straight for the throat, you may want to retain the services of an attorney to review your lengthy rebuttal, and perhaps make his own informed arguments. Presumably you have also filed the relevant complaint with the card issuer. Material evidence, that ...


2

Can the landlord remove this amenity without my agreement? At the outset, no. However, make sure that the current agreement does not contain language entitling the landlord to discretion on the matter. If I agree, can I request to be compensated for the difference in rent (without internet included)? Not in that order. If you agree first, the landlord ...


2

what would be a logical (to a judge) judgement? Simply the amount of rental fees + my earnest money? This depends on when consignment ended. If the equipment was still on consignment at the time the dealership received the earnest money (or perhaps even when you two entered the contract, if earlier), the dealership's allegation of "supply difficulty&...


2

Normally, an alleged offence of this sort that crosses jurisdictional boundaries will be deemed to have been committed where the defendant is located at the time of the offence regardless of where they live - as it is they who do the actus reus at the relevant time. In india, the venue is determined by section 177 of the Code Of Criminal Procedure, 1973: ...


2

can someone potentially sue us for a violation of a contract in fact? No. A contract in fact could supersede and replace a written contract, but in the scenario you outline there is no contract other than the written one. At the outset, your description of the clause suggests that the company performs the service on at least 95% of the occasions where a ...


2

presumably due to a software glitch You can prove that? I’ll give you several other equally “presumable” scenarios: the Post Office lost it. It happens and if the bank can show they posted it, that’s your problem. it was stolen from your mailbox. You can prove you keep your mailbox locked? you got it and misfiled it and forgot about it. you got it, missed ...


2

It depends There are two possibilities when company A acquires company B: Company B continues its existence with a new owner. In that case the state is in exactly the same position as it was before the acquisition. Company B ceases to exist and it’s assets, including the contract with the state, become the property of Company A. Both contracts still exist ...


2

Insofar as labor law varies substantially across the globe, there is no meaningful global answer. In lieu of a specific specification of jurisdiction, I assume the arrangement is in the US. The default situation with labor contracts in the US is that employment is "at will", meaning that you can be fired on the spot, for no reason, and you can quit ...


2

Yes This guy says he did. Of course, the case settled without an arbitrator’s decision but it is technically a fought and won arbitration. Since arbitrations are private, we will only know about them if one of the parties tells us.


1

What are bob options here? Although the title and the tag mention breach of contract, it is unclear from your description whether a breach occurred at all. Knowing the terms of Bob's contract with the company is crucial for identifying a possible breach. The unusual premise that "[t]he application process took over 2 years [...] so [B]ob could start to ...


1

It would appear that the listing does indeed violate the AirBnB ToS provision 5.2 (ii) in that the supplemental contract was not "prominently disclosed in [the] Listing description." Also it seems to violate 5.2 (i) in that it is not consistent with ToS section 9 (Reviews) which says: After each Host Service, Guests and Hosts will have an ...


1

The conditions are largely unremarkable They pretty much set out the terms that would largely be implied between a principal and an independent contractor. Paragraph 1 basically states that the contractor will do what they are contracted to do without breaking the law. Which is what everyone is supposed to do. Paragraph 2 says the contractor will indemnify ...


1

Such a clause might be held to be unenforceable under Indian law, as an illegal penalty clause (the part where they penalize you by the same amount as the pre-signing bonus). Since you did not sign the employment contract, you are not in breach of contract there. They cannot construe this signing incentive to be an unconditional obligation to agree to ...


1

No It lacks one of the fundamental requirements of a contract: there is no intention on the part of GoDaddy to form a legal contract. Without that, GoDaddy is not making an offer that is subject to acceptance. Now, if they had made this offer to the general public, then they may have fallen foul of other laws and been forced to honour their commitment but in ...


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