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 ...


42

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 ...


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 ...


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 ...


33

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 ...


29

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 ...


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 ...


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 ...


19

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

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

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 ...


16

My best advice: purple ink is fine, unless they object, then find a color you both agree to. Everything past this point assumes an adverse relationship. Think about the dismal shape of things. A contract is a meeting of the minds. A contract-breaking dispute has arisen over the color of ink on the contract. Anti-purple is saying the contract is not ...


16

Does this mistake make the agreement invalid? No. Having worked at that company for six years already, it will be extremely easy for the company to prove that you clearly knew with which entity you were entering the contract. That is what matters in contract law. Thus, the discrepancy of name in te contract is inconsequential. This is similar to what I ...


15

Yes, a contract that gives you a right to use a facility for a specific period of time is valid; it does not matter that you didn't or don't plan to use the membership. There is also no law limiting the advance notice required to cancel a contract, and no law requiring that a term contract be cancellable. It is true that the contract could have been written ...


15

This may be a good faith and fair dealing violation which would give the victim a civil cause of action to recover at least his original investment.


13

If two parties have a contract, where one party is required to do X in exchange for the other party doing Y, then the terms specified in that contract would determine what happens. You would have to see exactly what it says, especially if the other party has the option to not give you money. A contract might say "A shall at his option give B $5,000 by date X;...


13

A company generally cannot compel an employee to agree to a non-compete, but they have a wide variety of alternatives for inducing employees to do so. Most obviously, they may threaten to fire employees who refuse, whether immediately or at the end of their current term, as another answer observes. Indeed, if Big Company makes an NC a condition of ...


13

You are never obligated to sign a contract. You already have a lease agreement in place, which will be enforceable for the agreed-upon duration. The lease can be changed if both parties agree to it, but one party cannot unilaterally demand that other agree to any changes to the contract - a landlord can't, for example, change your lease agreement to increase ...


11

Extortion is a threat to do something unlawful While threats to do something that's harmful for you are a key component of extortion, those threats generally (there are additional, separate provisions for threatening to exposing secrets etc) need to be unlawful . For example, if I haven't paid the bills for some service and they send a letter "pay up or we'...


10

What should I do? I would take one of two approaches. Either Ignore him until he actually takes you to court, at which point hire a lawyer, or Hire a lawyer now and demand that he communicate with you only through your lawyer. I would prefer the first course of action because I assume that either he will run out of steam eventually and stop bothering you,...


10

I assume you are working in the US outside Montana (corporate headquarters is not so important). It depends on how long they are presently required to keep you on. If you have an at-will contract (most likely), they can present you with a "sign or be terminated" ultimatum. In case you have a term employment contract, you can be forced to sign at the end of ...


9

The New York Department of Labor will investigate claims of withheld wages and withheld wage supplements (i.e., bonuses). The latter is harder to prove, but even an oral promise is something that will be investigated. Note that the NY Labor Department will not investigate claims that are before a small claims court, so it may be the case that you have to ...


8

someone told me that writing in purple is not valid on legal documents. This is likely a misconception since most forms say use blue or black ink, but there is no law regulating a valid signature. In the US you can sign with an "X", a fingerprint, a yellow crayon if so inclined, a wax stamp, pencil, or even invisible ink* as long as it is meant to show ...


8

The terms of the contract need to be clear enough to identify the parties involved and what their obligations are. (This is called "Certainty of Terms", or Finality of Terms). At the end of the day it would be the judge that decides if the terms were indeed sufficient. It's best to have a lawyer look through the contract to ensure that a court would enforce ...


8

It is true that a shareholder who controls a majority of the votes can be quite powerful indeed. This is a somewhat murky area of the law, but in many cases, a majority shareholder has a fiduciary duty to do what is best for the corporation as a whole (not just the majority shareholder, but all shareholders), an obligation that logically parallels the ...


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