12

An agreement to agree is void There is a multitude of case law on this point. If the NDA was not available to you when you signed the employment contract and the term was couched as you describe; then the term would be unenforcable. That is, your employment contract would be binding except for that term i.e. you could not be compelled to sign the NDA. Now,...


6

What is the meaning of notwithstanding in this context? The clause that starts with "notwithstanding" narrows down the levels of studies that are eligible for payment by the Trustee(s). In other words, for purposes of payment of benefits, "education" can be interpreted only as "undergraduate and graduate study", and thus it overrides --only pursuant to that ...


4

Do I have any recourse for invalidating all or part of the contract? No. There is a presumption in contract law that when a contract is reduced to writing then what that writing says is what the parties agreed. Also, if you signed it, then you are legally stating: I read it, I understand it and I agree to it - don't sign things you don't understand. If ...


4

How can B, who pretends to be C, be not B? They can’t. However, that doesn’t matter. What matters is that A believes they are not B and, more importantly, B not being B is an implied (or explicit) term of the contract.


4

Force Majeure An event like the current Covid-19 event is what is known as a force majeure event; a Latin term meaning "superior force". It refers to an event that is beyond the control of the parties to a contract such as war, civil disturbance, acts of God and disease. Common law jurisdictions In common law jurisdictions (most of the English-speaking ...


3

What do the contracts with your suppliers and the policy with your insurer say? Changes in government regulation do not ipso facto relieve Parties of the obligations under a contract under common (English) law. Contracts are allowed to allocate the risk of force majeure (and indeed, to define it because it has no common law meaning) but if they don’t, then ...


3

Whether or not a lawsuit against the attorney is at all practical is a matter that only your other attorney can advise you on (after carefully studying the facts). The primary question is whether the attorney was negligent (there is also the question of whether there was significant damage resulting from the error). It is possible that the contract can be ...


3

Can a court order reveal an ssn? Yes, although the legitimacy of such order strongly depends on the claims/charges at issue. That being said, the party may (and should) file a motion to have the records sealed, since the public disclosure --insofar as court filings are public records-- of a SSN is extremely unlikely to advance "the interests of justice" in ...


3

You mean like this? Of course, a website can charge you to access its pages; many do. And yes, clicking on an "I agree" button can form a valid contract (just visiting the website can't). Historically, the law has adopted the position that if you sign it (including by clicking "I agree") you read it, you understood it and you agreed to it. It's hard to ...


2

Yes, exactly as DaleM says, a contract can't oblige you to sign another contract. But this gives you no relief. Most employment is consensual. You can be terminated for any reason or no reason at all, except certain protected reasons like religion, race, sexual orientation etc.. Refusing to sign an NDA is not a protected reason. However, the mechanism ...


2

It means in spite of subparagraph 5(b) of Article Twenty The trustees are right.


2

if he provides me with copyrighted material that I add to the website, would I be liable? No. Instead, your friend would be liable both directly and vicariously. Direct liability would arise from the fact that your friend himself sends to you the contents he wants in the website. Vicarious liability stems from you making the website on behalf of your friend,...


1

The only concern is have is, if he provides me with copyrighted material that I add to the website, would I be liable? Yes. What kind of contract could I have him agree to, for example is this where indemnification comes in? Yes, they can indemnify you. But you would have to sue your friend to enforce this if you get sued and if they go bankrupt you ...


1

Under current state law, the state of emergency does not clearly change anything. The health club contract law is here: the crucial thing is, you have to read the contract. The law did not anticipate a governmentally-mandated shutdown, but does address the question of cancellations in RCW 19.142.040(7). The two most-relevant conditions are: (c) If a ...


1

First up I'm not entirely sure this is on topic here.. but this won't fit in a comment so: A contract can be defined as 'an agreement between two or more parties to create legal obligations between them'. Some contracts are made under seal in other words they are signed and sealed (stamped) by the parties involved. Most contracts are made verbally or in ...


1

the owner, he told me he was cancelling my contract, can he do that without providing a reason? It depends on how long ago the contract was entered. The clause entitles either party to suspend it (and, impliedly, bring to an end to it) anytime upon the expiration of the initial period of one year ("shall continue thereafter until suspended by either part"). ...


1

If you send a letter, you're entering into a contract with the respective postal operator. I'm not sure when the contract is entered into (it could be when you buy postage), but the contract should be deemed to be concluded at latest when the letter enters is dropped into the collection box. The relationship between a customer and a postal operator is ...


1

why ought recoverability affect how the obligation broken would have been treated? Because, according to Lord Mustill's assessment of Ruxley, when it comes to award of recovery there is only one measure of damage: the loss truly suffered by the promisee. There, he distinguishes between contracts for a purely commercial purpose and those which involve --at ...


1

The map is not the territory Similarly, the document is not the contract; the contract is the relationship as a whole. If the person doesn’t think they are in a contract with your company; who do they think they are in a contract with?


1

Does the customer have grounds to invalidate our contract? As mentioned in the comments, no, the customer has no grounds to invalidate the contract (see here, or here). It is extremely unlikely that your jurisdiction would be any different in this regard. Even in the absence of a contract, your customer will be unable to overcome the fact that the ...


Only top voted, non community-wiki answers of a minimum length are eligible