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 ...


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 ...


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.


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 ...


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 ...


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 ...


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

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 ...


12

An agreement to agree is void There is a multitude of case law on this point. If the NDA was not available to you when you signed the employment contract and the term was couched as you describe; then the term would be unenforcable. That is, your employment contract would be binding except for that term i.e. you could not be compelled to sign the NDA. Now,...


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 ...


10

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

Consideration Consideration is essential on both sides of every simple common law contract (civil law is different). It is the quid pro quo or "something for something" that is the essence of a contract - it's what turns an unenforcable agreement into a contract. A formal contract supported by a deed does not need consideration. The rules of consideration ...


9

You're under 18, so you're viewed as a minor under the law, and as such, you can't agree to and sign legally binding contracts. The TOS for the applications are agreed to by your parents by default, because your parents are responsible for you and have no choice in parental guardian-type duties, such as education. Agreeing to the software TOSs may also be ...


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 ...


8

You reach a settlement instead of a judge deciding a court case if both sides agree that a settlement is better for them than paying court costs, lawyers cost, the risk of losing, having embarrassing details published, distraction for a business, waste of time, and the stress of a court case. If the plaintiff wants to be able to publish details of the case,...


8

This actually happens all the time and isn't considered extortion. Essentially, this is nothing more or less than a free service getting monetized after a while. This happens many times per year. For example, earlier this year the Have I been Pwned API has switched from free to paid because of the large amount of abuse: https://www.troyhunt.com/...


8

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 ...


7

None The contractual chain is you <-> warranty company <-> (potentially others you don’t know about) <-> service provider. Should something go wrong, you would sue your warranty company who might (it is up to them) then sue the service provider. Notwithstanding, it’s likely the service company owes you a duty of care and would be directly liable ...


7

The only consequence of not reading and understanding the TOS, or any contract, is that you might unintentionally violate that contract, because you did not understand what the contract requires you to do. Or, the other party might act in a legal way that you (wrongly) thought was not possible under the contract. For example, a TOS may say that you can't ...


7

Neither The contract is completed when each party has totally fulfilled its obligations under the contract. In this case, it is when the purchaser has consumed or otherwise dealt with the banana to their satisfaction. The vendor has ongoing obligations under the contract until this happens. For example, obligations that the banana is of merchantable quality ...


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. 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 ...


6

It depends How good is your (legal) English? For example, do you know the legal difference between "will", "shall" and "must"? Or, the difference between "employee", "subcontractor" and "worker"? Or the difference between "bankruptcy", "insolvency" and an "act of bankruptcy"? Contingency What are you going to put in your dispute resolution clause? Do you ...


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