5

No Common law jurisdictions read contracts objectively - that is if it unambiguously states what the parties agreed to then that is what the parties agreed to. If that includes selling your offspring into slavery or mortgaging your organs then so be it (such terms would be void for illegality but if they weren’t illegal then what it says is what happens). ...


5

On the one hand, there are statutes that prohibit the delivery of instructions which distort or circumvent the official/intended use or safety of a device. For a somewhat related example of this, see MCL 750.540c(1)(3). On the other hand, the company/manufacturer is unlikely to prevail under contract law no matter how clearly and conspicuously its EULA ...


3

A promise that a court would not enforce by injunction can still be valid consideration and be part of a valid contract. Failure to carry out such obligations would lead to some measure of money damages, most likely. On the other hand, provisions specifically barred by law, or against public policy, such as a promise to commit a crime, are void from the ...


3

Does this still count as consideration, even though there was never any possibility of B getting anything out of it? Yes. The sole fact that the promisee and the beneficiary are different and unrelated entities does not invalidate a contract. In terms of the Restatement (Second) of Contracts at § 302(1)(b), what matters is that "the circumstances indicate ...


2

I can't speak for US law. But in the UK these promises of land are not uncommon and are treated as trusts or gifts depending on the context. The name for this situation is called proprietary estoppel The classic example is where the owner of land, throughout the years, tells people that someone else is eventually going to take over the land. Then the ...


2

am I obligated to pay this fee? Yes. You entered the lease despite been aware of the existence of that fee. That meets the contract law tenet that an agreement be entered knowingly and willfully. Does it not invoke an issue where they can arbitrarily set the price? If the landlord requires a fee that is unreasonably high, that would violate the ...


2

Judgement When a determinative forum makes a decision (e.g. a court or an arbitrator) and any appeals have been finalized or the time for making them has expired, then the matter is Res Judicata (a matter already judged). This serves as a complete and total bar on any claim between the same parties over the same events. A plaintiff cannot "change ...


2

if they settle, could the plaintiff sue again claiming he found more damage than he was first aware of? Generally speaking, no. It would be the plaintiff's responsibility to ensure awareness of what he was settling for. For the settlement to be voidable and be entitled to resume the claims, there would have to be additional circumstances, such as: having ...


2

It will depend on the jurisdiction (everything always depends on the jurisdiction), but in general a party will be liable if they deliberately leaked the information, or if they were negligent in allowing the information to leak. You have three example cases here. (I use "they" and "you" below to refer to the employer and the employee.) Firstly, they send ...


1

Minors can enter contracts You seem to be labouring under the impression that they can't. They generally don't need the permission of their guardian to do so. The issue is, that most contracts with minors are voidable by the minor. That is, the minor can enforce it against the other party(s) but they cannot enforce it against the minor. This is true even ...


1

It is unclear if a door-to-door salesperson has the authority to bind the energy company to a deal not pre-authorized by the company. If the salesperson does not have authority, the deal is probably going to be voided, with the customer's money returned, and possibly additional damages paid to the customer for inconvenience and perhaps loss of opportunity to ...


1

how long would have the company actually selling gas had to honor that ridiculous rate? That would depend on the terms (if any) of (1) the contract the salesmen wanted you to sign without reading, or (2) what you are able to prove the salesmen told you. Absent these, the ruling may be based on criteria of customary practice, such as the length of one ...


1

Assuming that the company (call it Acme) includes in its terms of service something like: We do not accept or consider, directly or through any Acme employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing ...


1

Yes Consideration must pass from the promisee, it doesn’t have to pass to the promisor. However, at common law, if A doesn’t perform, B can sue but Save the Wales can’t. This is part of the doctrine of privity. The landmark cases are Beswick v Beswick [1967] UKHL 2, [1968] AC 58 in the UK and Coulls v. Bagot’s Executor and Trustee Co Ltd (1967) 119 CLR 460 ...


1

What does Enurement mean in a contract? Black's Law Dictionary defines enure as "To operate or take effect. To serve to the use, benefit, or advantage of a person". The clause in your contract means that both entitlements and duties as provided in the agreement affect the parties but may be transfered to their heirs, successors, etc. In other words, that ...


1

It means the earmarked the goods to be for that particular person/order. I don't know if they are talking about a written order or a verbal order. It is important in terms of ownership and personal property law etc to determine who the goods are earmarked for as it goes towards ownership - which is what that case is about. They are trying to work out who ...


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