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In General Generally speaking, applying common law principles, no. In the case of a relative or friend or neighbor or someone like that, doing a favor for a business does not create a legally enforceable right against a business or business owner. Contract Claims The question assumes that there is not true express contract, or even really a contract to pay ...


24

If an offer is accepted, you have a contract Oral contracts are binding for most transactions. See What is a contract and what is required for them to be valid? However, from the circumstances, it’s not clear that there was an offer subject to acceptance. Had the wages been agreed? The hours of work? The annual leave? The sick leave? If these were ...


7

No. This is a trivial example of how the intention to create legal relations doctrine works: in family/friends/social context there is presumption of no intention to create legal relations unless there are explicit proofs of existence of such intention (e.g. a written agreement). Can the favor-doer later-on sue the business owner for money for it? Anyone ...


7

In principle, oral contacts are binding, but your example has several issues that make it quite poor: in many states in the US, employment is 'at will' which means it can be terminated at any time for any or no reason. So you 'enforcing' the employment contract is only binding for the second it takes to say 'you're fired'. second, recording a conversation ...


7

No. The government generally has no duty to protect private citizens from each other. It was different facts but basically the same question in DeShaney v. Winnebago Cty. DSS, 489 U.S. 189 (1989), where the Supreme Court held: A State's failure to protect an individual against private violence generally does not constitute a violation of the Due Process ...


4

Possibly. I am analyzing this issue under generally applicable, majority, common law rules of law (applicable in the U.S. (except Puerto Rico and Louisiana) and in most countries that are or were part of the British Commonwealth), when not modified by statute or regulation. If there is a contract regarding what is to be done, the measure of damages is "...


4

It’s not a problem Is there any reasonable prospect that you or the landlord would argue in a dispute that you are not the tenant? No. Is there any reasonable prospect on all the available evidence that such an argument would succeed? No. Therefore, no problem. Where this can be a problem is if someone commences legal action in the wrong name (e.g. the ...


3

Is a text message legally binding? Yes, but the terms of the message need to be clear enough to ascertain the parties' intent at the formation of that contract or agreement. A contract does not even need to be in writing. There are also oral contracts and implied contracts, the latter referring to contracts which are inferred from the parties' conduct. A ...


3

No. These do not conflict to me (as a software developer). The deliverables, as defined, are owned by the employer (or its clients), not the contractor. The emphatic point of what the Contractor owns is: Contractor retains all rights to source code or content, pre-existing code or content...or other methods it may employ in the course of creating ...


3

would it be interpreted in favor of the person who did not draft the terms? Yes, provided that the interpretation is reasonable. That is known as the doctrine of contra proferentem. Here, the term "deliverables and associated documents" might entail a contradiction if that term [allegedly or literally] encompasses "source code or content". That depends on ...


3

You can't Under clause 7(b) of the CC-SA-BY 3.0 the licence is irrevocable providing that the licensee complies with its terms. However, ... It appears that your work is part of a Collection (as defined and under clause 4(a), the licensee has this obligation: If You create a Collection, upon notice from any Licensor You must, to the extent practicable, ...


2

It is possible to stop distributing your work under a creative commons license, however that does not revoke the license from anybody who already accepted the license. It does also not stop them from redistributing the work under the same license. See Article 7(b) of CC-SA-BY 3.0: b. Subject to the above terms and conditions, the license granted here is ...


2

Yes, but ... For the situation you describe, no. First, Bob is not eligible for a refund - NZ Consumer Protection law entitles Bob to a refund in certain circumstances if the product is faulty - the product isn't faulty, just currently unavailable. If Bob can prove that the misrepresentation that the product was in stock induced him to enter the contract ...


2

Although there's already a very good accepted answer, I would like to add some information that might help people understand why things work the way they work. Contracts are simply wills of parties coming together in agreement. For as long as there are parties who wish something and these wishes come together as an agreement, there is a contract. This is ...


2

Strict Liability This means that a defendant is liable for committing the action and it does not matter what his mental state was nor what he intended to do when he committed the action. Easy examples are possession of narcotics (you have them, it doesn't matter what you were going to do with them, you're liable) or statutory rape (it doesn't matter if she ...


2

what the legal implications are of altering a document after it has been signed. There is a significant risk that the counterparty will dispute the legitimacy of any changes made after a contract is signed. The heightened formalities of purchasing a house are intended precisely to preempt dubious alterations of the contract. Furthermore, the contract might ...


1

Is there a legal doctrine that prevents a scenario like this? Yes. The particulars of the scenario would determine the grounds on which a non-assignment clause would be null and void. The Restatement (Second) of Contracts roughly classifies these alternative grounds for unenforceability as grounds of undue influence and of public policy. Additionally, by ...


1

The written document is not the contract - the contract is what you agreed It seems clear that you agreed that you would be paying $1000 rent + $70 for pet rent. That is what you contracted to do. In writing the contract, the manager made a mistake and documented that you would be paying $1,000 including pet rent. You were not aware of this when you entered ...


1

I'm not a lawyer. This is not legal advice. I'm a engineer, information security specialist. My specialization requires knowledge of legal aspects of handling information. Information such as a company logo. If a person agrees to design a logo for you, and no fee was negotiated, such as would the case of favor... I would not expect that to hold as a ...


1

"Something like a design for a logo, but not by someone who does that for money, just someone who is more artistic." – ispiro First, I am not a lawyer, and I do not give legal advice. But business advice, I ran a consulting practice for years in the Database world. My advice is to pay for the work, and not to accept a favor, and to pay something ...


1

In general, a business can charge what they like for their goods and services If you don't like the price - don't buy. Once you have bought, your electrician should charge you the price that you agreed in the contract. If the work has varied from what was contracted, they should charge you for variations in accordance with the procedure in the contract. ...


1

Obviously, it depends on the legislation. In German legislation, an oral contract is binding by default. A contract is defined as two congruent declarations of intention, issued in regard to each other (proposal and acceptance). On principle, these declarations can be oral, written, or implicit statements. Due to the latter it's even possible to conclude a ...


1

To what extent is the reception venue required to provide the service we discussed? The company, your guests and, you are subject to the constraints --including the unreasonable ones-- dictated by the authorities. If these constraints (1) were unforeseen when your contract was formed, and (2) frustrate the purpose of the contract, the contract is voidable ...


1

What is the purpose of including such a clause in an agreement? The phrase itself is pointless and obvious unless the recitals are not detailed in the same document of the agreement. By default, everything that is included in a contract or agreement constitutes --or is presumed to be-- part thereof, whence there is no need to make that legal truth explicit ...


1

1) Does the email with new Ts&Cs supersede the original Ts&Cs when booking the ticket and/or website cancellation Ts&Cs? Not exactly. Technically, the email represents an offer from the airline to vary the existing contract which is open to acceptance by each of its customer’s cancelling their flight. Contracts can only be varied in whatever ...


1

Does the email with new Ts&Cs supersede the original Ts&Cs when booking the ticket and/or website cancellation Ts&Cs? Yes. The email originates from the same entity that drafted the adhesion contract, i.e., the T&Cs of the ticket(s). Although the website did not seem up-to-date when you sought to cancel the tickets, the draftman's ...


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