165

This aspect (and many others) of contract law is applicable in the US and various countries of the EU. can they renege after the candidate has begun their journey, thus saddling the candidate with the travel cost? No. The company would incur breach of contract. There is no need for a formal contract. The candidate only needs to prove that the company ...


74

You can sue anyone for anything. I will answer these on the assumption that the real question is whether there is a legal basis for such a suit. 1) Could someone open a civil action against the city of Las Vegas for failure to provide security? Or are city/county municipalities immune? And is the state of Nevada immune? This would not prevail. There ...


49

Can a business put whatever they want into a contract? No. There are some things a business cannot put into a contract. But I don't see anything stopping them from putting this into a contract. It's not reasonable to assume that you have to cancel before the 20th every month. It's not reasonable to assume that - except there's no assumption needed. The ...


47

Can I sign legal documents with a smiley face? Yes, that is lawful. A person's signature does not necessarily have to include the person's name or initials. What matters is that the signature reliably and unequivocally identifies the person who produces it, which apparently you have been able to prove by showing your driver's license. The Black's Law ...


43

Mail from financial institutions; including checking, savings, credit card statements or investment account statements Pay a bank or credit card company $2 or some other nominal fee to have them send you a physical copy of a statement.


43

Short answer: There is no difference. Long answer: Come, ride with me through the veins of history. I'll show you a god who falls asleep on the job. (And how can we win, when fools can be kings? Don't waste your time or time will waste you.) The word 'company' (as in a corporation) is derived from the word 'company' (as in a group of people, like the ...


42

UK: For all I know you cannot be fired unless you are hired. They must hire you. Once a job offer is made and accepted, they must hire you. If they don't, call a lawyer. I personally know someone who got hired, and when he arrived for his first day's work at the new company, he found that the whole department that he was supposed to join had been laid of. ...


37

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.


36

If a contract sometimes uses the wrong name, is it still valid? Yes. It is valid as long as the contract as a whole permits identifying the parties (unequivocally) and ascertaining their role with respect to the contract. Using "Contractor" and "Consultant" interchangeably despite only the former being explicitly defined seems a bit sloppy, but it does not ...


35

No, Specific Ink Colors are not Required That is not correct. If the purple will not photocopy well, the other party might reasonably ask for a color that will. But a signature is normally only evidence of agreement to the provisions, and it is the agreement that is legally important. The color of the ink used does not change the agreement. It is normal to ...


34

Yes the promise is binding and enforceable because of the reasons you mentioned (your consideration is making yourself available at the company's premises, and, should that not be convincing enough, detrimental reliance wipes out any doubt). You have a perfectly valid contract here. However, a perfectly valid contract means that both parties need to perform ...


34

What should I do? Don't get intimidated, don't sign/accept/submit to his "agreement" now that you are securing employment elsewhere, and make sure that henceforth all your communications with the CEO & his startup be --or continue to be-- in writing. The CEO's attempt to be reimbursed is pure non-sense because hitherto there is no mutually agreed ...


30

Given that this is a UK based company, the most applicable Act would be the Unsolicited Goods and Services Act 1971 A person who, not having reasonable cause to believe there is a right to payment, in the course of any trade or business makes a demand for payment, or asserts a present or prospective right to payment, for what he knows are ...


28

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 ...


27

Request a Social Security statement. Get a library card. Write a letter to your senator or representative or a local government office that requires a response. Order something online. Register to vote (you can do this with the last 4 digits of your social security number and without having to prove your address).


26

You have read it: legally It doesn’t matter if you haven’t read it in fact. At law, you have. Therefore you cannot avoid obligations or consequences by saying “ I didn’t read it”. It’s an extension of the common law principle that if you affix your ‘mark’ to a document you were acknowledging that you understood it and would abide by it: even if your mark ...


25

It says They shall not confer the right [[to attend any meeting of members] and [to exercise one vote for every share held]]. The elements joined by a conjunction such as "and" should be grammatically parallel. Since the part after the conjunction is an infinitive verb phrase, the thing to which is it joined by the conjunction should also be an ...


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 ...


24

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 ...


23

What legal options do I have here? It depends on how much you are owed. If it is less than $5000 (in a city court) you can sue them in small claims. If it is more than that, you'll have to sue them in a different court. Do I have a claim to salary if I quit? Yes, absolutely. You quitting does not relieve the business of its obligation to pay you for ...


23

What makes something a take-it or leave-it contract? The lack --be it essential or literal lack-- of opportunity to negotiate the terms of a contract. That is also known as adhesion contract. And (if I am the one taking it), are unclear clauses categorically interpreted in my favor? Rather than "categorically [interpreted]", a more accurate ...


21

Personal mail that does not list the recipient as “occupant”. Example: Magazines, journals, etc. Get some friends to write to you.


20

Can a significant change in incentives void an employment contract? Yes, because a party's unilateral, significant imposition which the counterparty did not expect strikes the premise of a contract/agreement being entered knowingly and willfully. Here, the contract or relevant portion thereof is voidable by the employee, because the employer's belated ...


19

Termination. The binding provisions may be terminated by mutual written consent of the parties; Provided, however, that the termination of the Binding Provisions shall not affect the liability of a party for breach of any of the Binding Provisions prior to termination. It basically says that you and the company can free each other from the contract ...


19

What, if any, would be the affects of this inconsistency? Almost certainly none. The written contract is evidence of a meeting of minds. Minor typographical errors like that won't have any impact. I'd still point out the errors to the company though before you sign.


18

Yes, it is breach of contract but it is unclear whether you can get meaningful compensation According to UK Government Advice, if the employer withdraws the offer after "[t]he employer has confirmed that the job offer was unconditional, or the applicant has met all conditions" then "[t]he applicant can sue the employer for ‘breach of contract’". However, ...


18

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.


18

Given that they told me I would get back pay and I worked conditional on that information, am I entitled to it? You are entitled to backpay in accordance with the terms you accepted from HR. The employer's refusal to pay you from October 1st is in violation of Austria's Allgemeines bürgerliches Gesetzbuch at § 860a. At this point you have fully complied ...


17

Is it legal to redefine a term against common sense in a contract? Generally speaking, yes. What matters is that the contract be clear enough for the parties to be aware of the terms and conditions to which they are committing. Both of the scenarios you outline seem lawful. They are binding to the extent that the definitions & language therein duly ...


16

In the USA, when a creditor tries to collect a debt, the presumed-debtor may demand proof that they actually owe the debt, and that the creditor holds the debt. This can be satisfied by signed contracts, which in the case you describe, would not exist. Detailed, complete phone recordings may also establish proof of the debt. But again, in the situation ...


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