60

What you're talking about is a liquidated-damages clause, where the contract explicitly spells out the damages to be awarded in the event of a breach. The law will vary some from state to state, but these clauses are generally enforceable. Some courts limit their use to cases where calculating the damages resulting from the breach would be impossible or ...


45

Lying may be wrong, but it in the United States, it is generally not illegal. United States v. Alvarez, 132 S. Ct. 2537, (2012). For a lie to be illegal, it generally needs to fall into one of a few specific categories, usually involving either fraud or the frustration of legitimate government activities (as in perjury, falsification of records, or lying to ...


33

united-states Totally legal, as long as whatever you're forbidding isn't a protected class (race, gender, etc.—the details vary by jurisdiction), or, to some degree, a pretense for one. A real-life example comes via a feud between two artists: Stuart Semple and Anish Kapoor. For reasons that are not particularly relevant to this explanation (other than ...


21

There are a very few government surveys which it is a crime to lie in responding to, most notably, census related surveys. Proving that a representation is false with respect to some questions (e.g. race or nationality) are challenging to prove and the subject of lots of hypothetical discussion. But proving misrepresentation with respect to other matters (e....


17

Is lying on a survey illegal? An intentional misrepresentation is actionable to the extent that (1) it causes harm, and (2) the surveyor's reliance on those representations is justified. The latter implies that the surveyor ought to make a judicious use of the information available: the surveyed person might not have been duly informed of how his answers ...


15

Yes, but ... It doesn’t protect you. Let’s imagine you put such a clause in and a person in Europe used your service notwithstanding: they’ve broken the contract but you’ve broken the law. You get the fine and they get ... nothing. Because you can’t contract outside the law you never had a valid contract with them so you have no basis to sue. Further, ...


14

There is no misrepresentation by the bank as you describe it, there is negligence by the account holder to comply with the terms of the account. The bank made no representation at all regarding a balance due. If you want the bank to be at fault, they the customer would have to demand a declaration as to the existence of a balance due (choose your words ...


14

Generally speaking, you have to disclose that the defendant is a minor in the complaint and their deadline to respond is tolled until the court has appointed a guardian ad litem for them. So, while it is possible, it is arduous. Also, since someone below the age of eighteen can claim minority as a defense to an executory contract (as opposed to a ...


13

… would face and voice count as personal information under GDPR? Absolutely. Does person B have the right to erasure … No. The right to erasure only applies in certain circumstances. While the initial reason for collecting personal data was consent, once it has been incorporated into a film, the processor now has a legitimate interest in the data. The ...


12

Short Answer You are legally entitled to the cost of an adequate replacement (possibly a lightly used previously owned computer) reduced by the amount refunded. This is sometimes called a "benefit of the bargain" measure of the relief to which you are entitled. But as a practical matter, there is no cost effective way of enforcing your legal rights ...


12

should you tell the third party to sign it using the standards of the U.S.? In most cases signing a contract is not subject to country-specific standards. All that matters is that it can be ascertained from the contract who the parties are as well as and their willful, informed formation of that contract. It is more typical for a contract to specify that it ...


11

Is it legal to have an "anti exclusive" contract? Yes. In general this legally equivalent to, and more efficient than, drafting a version for each imaginable type of entity with whom the offeror would be willing to enter a contract. RyanM's answer points out the exception where such clauses would be unlawful. But in the software scenario you ...


11

A lease of land is not the same as a residential lease, the latter being strongly regulated by special laws. So caveat emptor is the default rule for land leases (see this article). You have to look at the laws of your state, but let's take Washington as an example. This is not a residential tenancy which is subject to different laws, it's just leasing land, ...


10

There is no significance to using the words "I" or "we", nor does it matter that you didn't sign the surrender paper (after al, you did not have possession of the vehicle and it is not yours to surrender). You will have gotten a notice, at the beginning of this process (when the loan was taken out) that provides information like this, in ...


10

Apparently "alienation of affection" is still a tort in Hawaii, Mississippi, New Mexico, North Carolina, South Dakota and Utah. The assumption originally behind alienation of affection this is that one spouse (most usually the wife) belongs to the other and a third party stole them from the other (husband). This is now archaic, sexist, thinking ...


10

It depends on the purpose for lying and the jurisdiction. If there are any unfair or fraudulent advantages be gained by lying then it might be unlawful. A hyperthetical example: those employees with an allergy may get a payrise to cover the cost of their medication or the employer may pay for add-ons to their health insurance. Someone who falsely claims ...


10

Choice of law A contract can include a choice of law clause that states the laws that apply to the contract. For the USA this would usually be the laws of a particular state. Most courts in most jurisdictions respect the choice of law clause - that is, if say a suit is brought in a new-south-wales court on a contract with a choice of law of californina, the ...


10

In general, a contract term that is illegal is, at a minimum, not enforceable (it may make the contract entirely void, depends on jurisdiction). A legal term, such as "pay $1500 per month" is enforceable, and you can be evicted if you don't abide by the term. An illegal term cannot be enforced, and you cannot be evicted for being Asian. Lying is ...


10

It depends on what you mean by backdated. If you mean that the terms of the contract provide that they apply to a period which pre-dates the date on which the contract was entered into then this is fine. The parties are free to negotiate terms which govern their past behaviour. If instead you mean that the contract purports to have been entered into in the ...


10

There are no "standards of the U.S.?" with respect to contract forms First, 99.99% of contracts are not in writing - see What is a contract and what is required for them to be valid? Second, what you and the other party choose to put in your contract and how you choose to express it are entirely matters for you to decide. A contract document is ...


9

No Governments have sovereign power. Subject to constitutional and legislative constraints, governments can change laws as they wish. That includes legislative changes and administrative policies. Most governments tend not to use this power arbitrarily because it tends to make investors wary - economists call this sovereign risk. Like any other risk, the ...


9

Can a clause be added to a terms of use that forbids use of the service if the terms of use would be illegal in the user's jurisdiction? Yes, but that is redundant because contracts --or portions thereof-- which contravene the law are null and void. let's say one term of use states that information collected may be retained forever, which is not possible ...


9

Such a clause would not generally be enforceable. Penalty clauses are generally not enforceable in common-law jurisdictions, although in some continental law jurisdictions they are (this article gives a civil law vs common law comparison). Given the number you're talking about, this doesn't correspond to a reasonable estimate of actual damages for breach of ...


9

Yes, it is legal for Steam to disable content on your PC because when you downloaded the Demo for the game "Observer", you "clicked through" and agreed to either a TOS (Terms of Service) and/or a EULA (End User License Agreement) which was a legally binding contract. That contract stated the terms of use of the demo and when Steam can ...


8

Much, if not all, of what you describe already exists in many companies. This mostly takes place in the company's HR department, more serious matters are escalated to a board of directors, and nothing prevents the company from suing the employee in an actual court. The sued, penalized, or terminated employee may establish that the company departed from its ...


8

If you substitute the courts with line managers and HR policies, this is just a description of an internal discipline and grievance process.


8

In most jurisdictions a message sent by email is now legally the same as one sent on paper by, say, postal mail, and a name typed at the end, or other indication of source is the legal equivalent of a physical signature. You are probably in the same legal position yu would have been in if you had written, signed, and sent by post a letter of acceptance.


8

There is no requirement that the terms of a contract be even-handed The common law position is that parties are free to contract on whatever terms they like: if you agree to sell me your late model car for $1 that's a matter between the two of us. The law allows you to make a bad bargain. Unconscionability There is an equitable doctrine that allows the court ...


8

There are several issues here, but all of them are going to depend on the particular laws in the jurisdiction involved. In many jurisdictions a person hired to perform a service, such as a contractor, must use professionally reasonable skill and care, and failing to do so is a breach of the contract, and may be grounds for a suit. Whether the peeling is due ...


7

In most jurisdictions, companies cannot create courts. The right to do that is reserved for the state. People and companies can agree (by contract) to use arbitration for issues arising from the contract. This may be a contract clause which both sides entered consciously, or part of the terms of service which the user/customer clicked without really reading ...


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