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1 vote

Can smart contracts be enforced by courts?

Yes. In Rensel v. Centra Tech, Inc., No. 17-24500-CIV-KING/SIMONTON, 2018 U.S. Dist. LEXIS 100720 (S.D. Fla. June 14, 2018), the plaintiff brought class-action securities claims against the developers ...
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1 vote

Is the right to effective assistance of counsel an inherent right or a privilege

The Sixth Ammendment says: In all criminal prosecutions, the accused shall enjoy the right... to have the Assistance of Counsel for his defence. Effective Counsel is a standard imposed by the Court....
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1 vote

Is the right to effective assistance of counsel an inherent right or a privilege

The right to be represented by counsel in criminal trials is found in the Sixth Amendment, made effective against the states via the Fourteenth Amendment. The US Supreme Court has held that if an ...
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3 votes
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If a contract doesn't have a severability clause, could it still be severable?

If a contract doesn't have a severability clause, could it still be severable? Yes. Severability is a question of law determined by the court based upon what the court finds to be the intent of the ...
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  • 130k
0 votes

A departing director wants to convert his directors loan and owed salary into shares. How do we value the shares, and what are we obliged to pay?

He can claim all he likes, that doesn't make it true. First let's look at the shares. Your company doesn't own any shares so it can't sell any to him. The shareholders own the shares, and they won't ...
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1 vote

Gaslighting on verbal agreements... who is legally "right"?

Contracts can be renegotiated However, I'm not entirely sure that's what's happened here. agree, informally, in a verbal but explicit agreement, ... to a weekly rate of pay, and of working hours. ...
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2 votes

After buying from a brick & mortar shop they've contacted me to say buying things from them is consent to arbitration. Is this legal?

It is a complicated question. It would be a pretty clear unfair business practices in California, and the similar statute in Ohio per Section 1345.02 (A) (10) which provides that it is an unfair act ...
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3 votes

After buying from a brick & mortar shop they've contacted me to say buying things from them is consent to arbitration. Is this legal?

Just to add another possible scenario to the above answers, it is possible to agree to a contract through conduct other than the more traditional actions such as saying "I agree" or signing ...
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40 votes
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After buying from a brick & mortar shop they've contacted me to say buying things from them is consent to arbitration. Is this legal?

Technically speaking, it's not illegal: spontaneously making a false statement to someone does not fall under any of Ohio's laws regarding fraud or the like. It also doesn't have any legal effect. ...
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3 votes

After buying from a brick & mortar shop they've contacted me to say buying things from them is consent to arbitration. Is this legal?

Did you sign anything? If you signed any kind of document the arbitration clause was probably in it and you didn't see it. And yes, it is legal to have a simple "You agree to arbitration" ...
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62 votes

After buying from a brick & mortar shop they've contacted me to say buying things from them is consent to arbitration. Is this legal?

They cannot force a contract on you after the fact. You should leave these numbskulls alone, they are clearly up to something that makes them likely to be sued. I am adding the following: it's not ...
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10 votes

Can Russia be sued over breaking gas contracts?

No None of Poland, Bulgaria or Russia is a party to the contracts so they have no standing to sue. The contracts are between companies: Russia's Gazprom and Poland's PGNiG and Bulgaria's Bulgargaz. ...
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0 votes

Unreasonable Time After ETA

The contract is valid until it is terminated or completed Terms of a contract are divided into three categories: conditions, warranties and intermediate terms. Breach of a term allows the innocent ...
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10 votes

Can Russia be sued over breaking gas contracts?

It robably can be, given that Gazprom's contract with Poland's gas company (PGNiG ) dates back to 1996, although it expires at the end of this year. And knowing that PGNiG has already sued (and won) ...
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16 votes

Can Russia be sued over breaking gas contracts?

Yes. The Russian owned party to the contract can be sued. The remedies would be those available under the contract, which may or may not be futile to pursue, which almost certainly specify the court ...
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4 votes

How to refer to an unknown signer, in the parties section of an agreement

One could replace: The following agreement constitutes the relationship and commitments between Our Company LLC (Agency) and (Client). With The following agreement constitutes the relationship and ...
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4 votes
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Unreasonable Time After ETA

At what point passed the original ETA is the contract still valid? There is no hard limit or deadline other than the one (if any) the contract itself provides. The contract remains valid regardless ...
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1 vote

Strictly speaking, are damages an essential element of breach of contract?

This seems untenable, as it would blur the distinction between contract and tort law and turn breach of contract into some sort of quasi-tort action. The main difference between tort and breach of ...
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3 votes

Strictly speaking, are damages an essential element of breach of contract?

There is a split of authority between states. It is not an element of a contract claim in Colorado. See, e.g., Dennis I. Spenser Contractor, Inc. v. City of Aurora, 884 P.2d 326, 327 (Colo. 1994); ...
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3 votes

Strictly speaking, are damages an essential element of breach of contract?

Strictly speaking, are damages an element of breach of contract? There are inconsistent formulations of breach of contract. But that inconsistency is inconsequential. What matters is that damages --...
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5 votes

If I copied an agreement and sent it as an email and had someone reply with the fields and "I agree" would it be a valid contract?

Yes, that would, or at least could, be a legal contract. The key thing that makes a contract between two parties is the agreement, the intention to enter into a binding contract. The written words are ...
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1 vote
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Contracting a builder 2nd time to fix their own negligence

Can Bob contract Rob again to fix the issue, pay, but then claim the amount back as damages arising from the original contract? That strategy seems unlikely to prevail. Bob would shoot himself in the ...
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