6

I happen to have a recent American major rental brand folio with terms and conditions on the floor next to me. The key sentences for this brand are You agree we may, in our sole discretion, pay all tickets, citations, fines and penalties on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority ...


5

What do you mean “slip in”? Are you saying that the term wasn’t there when you signed the contract and the added it later? If so, no they can’t. However, what I think you’re saying is that it was there all along, you didn’t read it, but you signed it anyway? If so, yes they can. You were told this was a term of the contract (not reading it is on you, not ...


5

"Cancellation" is generally a result of some statement or action a person made becoming public or having been made in public. Tortious interference requires that the defendant's actions are independently wrongful, such as defamation or criminal acts against the plaintiff. Truthful speech and opinions which do not allege facts are protected by the ...


4

Yes. Lawyers are generally subject to a malpractice lawsuit, essentially the same as doctors and other professions. A successful claim generally requires proof that the lawyer's services fell below the standard of care for attorneys, and that it resulted in some injury to you.


4

You also retain the right to license the work to others. Therefore you can sell similar rights to MusicBook and anyone else, as long as you do not grant an exclusive license (you have already licensed another party to distribute). They do not gain the right to sub-license your work. If you had executed a copyright transfer, you would have no rights to the ...


4

Can Hacker Corp. claim that they acted in good faith, believing that the Permission to Attack was granted by someone from within the company who was allowed to grant such a permission? Unless ACME proves that Hacker knew or should have known that ACME's low-level employee had no authority to make the decision on behalf of ACME, Hacker ought to prevail on ...


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 ...


3

canada ontario Speaking from the perspective of law in Ontario, Canada, the clause may indeed be defective, contrary to the currently accepted answer. Consider what is mentioned at Termination Clauses and Continuation of Benefits: A Warning and Reminder for Employers in Ontario (August 2015): Employers often seek to limit their termination liability with ...


3

Written promise pre-purchase vs signed agreement, what's stronger? The signed agreement is decisive because it "states that it supersedes any previous agreements". The language portrays that the customer no longer considers the refund option a requirement for moving forward with the transaction. Signing that contract without the right to a refund ...


2

Based on your comments: You rented the car and agreed to "be responsible for fines" The government decided to write a ticket your driving The ticket was written to the company The company plead guilty and paid it without contest The company then billed you the amount of the ticket You feel that they either shouldn't bill you or they should give ...


2

is that confusing enough such that the enforceability of the agreement is undermined? No. Inaccurate labels are unlikely to prevent the parties and the fact-finder from ascertaining the intent and legal implications of the agreement. Nor can the improper labels overcome the non sequitur of a landlord leasing directly to a "subtenant", that is, ...


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

What does it mean to grant rescission on terms? When setting aside a contract, the court may may apply what it called "practical justice” in Salt v Stratsone 2015 which can include ordering rescission on terms that allow for compensation for any unfairness that would otherwise result.


2

I am fairly sure "the licences" should be read as a sum of these licences, as applicable: you hereby grant Ditto a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions you grant Ditto the ...


1

My question is does LEASING fall in the category of these terms provided in the act: Selling, disposing, transferring, or converting for private purposes? None of these words are defined in the 2016 Act. I cannot speak directly for Kenya, but legal systems based on British common law often refer to relevant and comparable legislation for interpretation, ...


1

First of all, it is clearer to speak, and think, of ownership of a copyright, not as ownership of the music. That helps focus on the rights that the parties actually have. Secondly, notice that the license granted by agreeing to the quoted terms id "non-exclusive". This means that the grantor (who is probably the artist, but might not be) retains ...


1

Washington is an at-will employment state, meaning that either the employer or the employee is generally free to terminate the employment relationship at any time, for any reason. If you send a letter accepting the offer, you indicate your willingness to work, but it is not really "binding" in the sense you seem to be thinking of. If the company ...


1

From the description in the question and in all the comments to all the answers, it appears that the most likely scenario of what has happened is as following: a city employs suboptimal traffic cam devices which may result in citations when none should be issued. a city has an ordinance allowing it to issue some of the citations to car owners, rather than ...


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