Is that extortion? false advertising? or in any way illegal?
Not at all. The owner of the site is simply exercising his right as outlined in the terms and conditions from when the user signed up. And giving users an option for continued use of the site (that is, for him not to exercise a right of which they were always aware) does not constitute extortion.
Accused of what?
Clearly stating under which conditions you (the accuser) would earn money by doing nothing more than staying online for 7 days?
You agreed to these conditions, but did not fulfill them, so the scammer (the accused) was the one that earned money for doing nothing.
The scammer had the same motive as you had, earning money for doing ...
This is perfectly fine, unless you have a contract which states that they must continue to provide free service until a certain date.
If anything, they're doing the right thing by notifying you that things will change so that you can make other arrangements if needed. If they started charging you $20/mo. without your agreement, that would be illegal.
You are never obligated to sign a contract. You already have a lease agreement in place, which will be enforceable for the agreed-upon duration. The lease can be changed if both parties agree to it, but one party cannot unilaterally demand that other agree to any changes to the contract - a landlord can't, for example, change your lease agreement to increase ...
Extortion is a threat to do something unlawful
While threats to do something that's harmful for you are a key component of extortion, those threats generally (there are additional, separate provisions for threatening to exposing secrets etc) need to be unlawful .
For example, if I haven't paid the bills for some service and they send a letter "pay up or we'...
This actually happens all the time and isn't considered extortion.
Essentially, this is nothing more or less than a free service getting monetized after a while. This happens many times per year. For example, earlier this year the Have I been Pwned API has switched from free to paid because of the large amount of abuse: https://www.troyhunt.com/...
The contract is completed when each party has totally fulfilled its obligations under the contract. In this case, it is when the purchaser has consumed or otherwise dealt with the banana to their satisfaction. The vendor has ongoing obligations under the contract until this happens. For example, obligations that the banana is of merchantable quality ...
tldr; the agreement is a mess, one-sided, do not sign.
This agreement does little to serve your interests, and a lot to harm them.
It is also fairly poorly phrased, I have doubts that someone with legal knowledge wrote it. It states:
I agree to not disclose, or discuss with anyone, any matters relating to the investigation
You are agreeing not to talk ...
Your court will surely lack jurisdiction against an unidentified scammer in a foreign country hiding behind a sequence of VPNs.
Unless by some wild application of both skill and coincidience, you identify the scammer in a nation from which you have a chance of filing litigation.
Yes, you would have a case that the requirement to keep a web browser page ...
You missed the flight. Thai is not responsible for your acts and omissions. As for the check in desk, they are often unmanned, however, Thai have an email address and a telephone number that is manned 24/7. I am surprised that you couldn’t find any Thai airlines staff in all of Bangkok airport given that it is their home base.
This is precisely what ...
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 ...
A contract can’t legalise illegality
Let’s assume that absent the “simulation” disclosure in the ToS, this would be fraud.
The question then becomes, does making the disclosure make it not fraud?
Fraud requires dishonesty and deception. These are measured by what a reasonable person would determine from the overall conduct so a small piece of truth in ...
Where can I find actual cases where Blockchain (particularly Ethereum Blockchain) was used in a case, or better yet, decided the verdict of a case
The results of this query reflect that that has not happened in U.S. courts yet.
Mentions of Ethereum in those rulings are marginal and essentially unrelated to the blockchain technology on which major ...
How big is the scope of the agreement?
Even if HR ends up doing nothing to duly redress the issue, signing the agreement forfeits your right to dismantle/refute the false accusations elsewhere and/or to seek relief in court. Based on my personal experience with the University of Michigan HR's department, I suggest you not to expect your company's HR ...
I don't believe it is contradictory. Some kinds of injury are inherently difficult to calculate (e.g. damage to reputation caused by slander) but the judge or jury, as the case may be, will review the evidence and do the best they can. Lord Reed says as much in paragraph 38 of his judgment.
... and as a practical matter, it appears the damages, in this ...
Can you amend a contract?
Depending on the complexity of the contract and the part(s) you wish you change/add/delete/correct, you may wish to amend a contract or rewrite a new contract. Should you choose to amend, you have options.
The easiest way to amend a contract that has been printed and is awaiting signature is to pencil in a ...
Was the contract made and completed at point (a) or (b)? Or is the time of sale not legally defined so precisely?
In the scenario and particular ramifications you outline, identifying a precise instant where a contract ensues would be pointless and/or inconsequential. That does not mean that your question is pointless, though. The possible developments ...
Because disputes are expensive, time-consuming and generally not fun
An ambiguous term is a dispute waiting to happen. Far better to resolve the ambiguity and correctly allocate (and price) the risk at the start of a contract when nothing is at stake then have that term be at the centre of a dispute with $10 million on the table that both parties think is ...
Your employment contract is only one part of your deal
You are also bound by the company’s constitution and any shareholder agreement that may exist. Companies often have wide ranging powers to repurchase their own shares at fair market value or following a pre-specified formula. It’s not uncommon for private companies to get an option to purchase ...
Nate nailed it. It's all about the difference between the loss to the defendant from having to perform, and the loss to the plaintiff from the breach.
I am only writing to add quotations from Lord Hoffman's decision in Cooperative Insurance showing that he meant exactly what Nate conjectured he meant.
In his opinion, Lord Hoffman points out that ordering ...
How do I interpret the above statement? It doesn't seem to say anything about my agreed on equity stake in the company as part of my compensation.
You are right. The written clause is inconsistent with the verbal agreement.
If you sign the written contract, it would supersede the verbal agreement because a contract typically replaces and supersedes any ...
Colorado statute 42-6-206 imposes disclosure requirements on the sale of vehicles with salvage titles. That you didn't know it was a salvage does not seem to be of concern to this particular statute. This means that you are potentially entitled to redress against the people who sold you the car as well, provided the sale occurred in Colorado and they ...
By failing to obtain 25,000 widgets on time, A suffered a loss of profits. A sues the seller and is awarded $1000 in damages for these lost profits.
25,000 widgets / 1000 in lost profit = 0.04 profit per widget.
Price per widget + profit per widget = what A thought each widget was truly worth.
Therefore A thought each widget was worth $0.14 in economic ...
Does company have the right to purchase my vested shares after I quit?
No. Although either party may terminate the employment relation, the notion of termination for cause typically denotes the employer's conclusion that the employee incurred some wrongdoing or misconduct. Some results from this search reproduce excerpts of contracts defining the notion of "...
Consumers can get a refund
Two of the consumer guarantees under the Australian Consumer Law is that a product must be fit for purpose and of merchantable quality. A piece of software that doesn’t work is clearly neither.
The loss is difficult to quantify, and some elements of it may be inherently incapable of precise measurement. Nevertheless, it is a familiar type of loss, for which damages are frequently awarded.
It’s hard to value and bits of it may be impossible to value. However, it’s a type of damage which money is often awarded in compensation.
Quantum means “how much”
It’s simply a synonym for amount or quantity.
It can be applied to damages or anything else that gets measured. The quantum of my height is 180cm, the quantum of my weight I’ll keep to myself.
That the schedules are sent in different emails is almost entirely irrelevant provided the schedule is adequately named and referred to.
If Its still a concern you could mention the email is 1 of 2 and 2 of 2. Also, from a technical POV there should be no difficulty attaching 2 files to a single email.