New answers tagged

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Possibly Your employment contract is only one part of your deal You are also bound by the company’s constitution and any shareholder agreement that may exist. Companies often have wide ranging powers to repurchase their own shares at fair market value or following a pre-specified formula. It’s not uncommon for private companies to get an option to purchase ...


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Does company have the right to purchase my vested shares after I quit? No. Although either party may terminate the employment relation, the notion of termination for cause typically denotes the employer's conclusion that the employee incurred some wrongdoing or misconduct. Some results from this search reproduce excerpts of contracts defining the notion of "...


2

australia Consumers can get a refund Two of the consumer guarantees under the Australian Consumer Law is that a product must be fit for purpose and of merchantable quality. A piece of software that doesn’t work is clearly neither.


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tldr; the agreement is a mess, one-sided, do not sign. This agreement does little to serve your interests, and a lot to harm them. It is also fairly poorly phrased, I have doubts that someone with legal knowledge wrote it. It states: I agree to not disclose, or discuss with anyone, any matters relating to the investigation You are agreeing not to talk ...


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The other answers show some legal knowledge, but no business knowledge. Stock options are something you purchase. They are not just given to you by the company. https://smartasset.com/investing/how-do-stock-options-work It can cost the company more money, in taxes, to give you shares than it would to allow you to buy them at a certain price. https://...


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Colorado statute 42-6-206 imposes disclosure requirements on the sale of vehicles with salvage titles. That you didn't know it was a salvage does not seem to be of concern to this particular statute. This means that you are potentially entitled to redress against the people who sold you the car as well, provided the sale occurred in Colorado and they ...


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This is a complicated area of business and law. As the letter says only the board can authorize the stock deal and any executive who promises otherwise is making a big mistake. If they were to grant you options at lower than the market value there can be imputed income now that you can be taxed on. Sometimes that is a good thing and there is form I once ...


2

How do I interpret the above statement? It doesn't seem to say anything about my agreed on equity stake in the company as part of my compensation. You are right. The written clause is inconsistent with the verbal agreement. If you sign the written contract, it would supersede the verbal agreement because a contract typically replaces and supersedes any ...


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How big is the scope of the agreement? Even if HR ends up doing nothing to duly redress the issue, signing the agreement forfeits your right to dismantle/refute the false accusations elsewhere and/or to seek relief in court. Based on my personal experience with the University of Michigan HR's department, I suggest you not to expect your company's HR ...


0

This sounds bizarre. Even if they argued that they have extended the contract without telling you, and were allowed to do this, then surely the contract also contains a clause where they are paying you. It seems they want you to do a small amount of work without payment. Look at your contract: Does it say they can extend the contract and make you work say ...


1

You got scammed. An H1B visa is what a company applies for so they can hire a non-citizen to legally work in the US. Any requirement by you to pay for one is a clear scam especially since it doesn't sound like you were applying to work for this "company". And as a Green Card holder, you are eligible to work in the US and don't need a H1B visa in the first ...


1

The nature of the agreement matters as does the context and you'd have to know more facts to reliably answer. The default rule is "no" your signature wouldn't count to sign on behalf of your wife, but there are exceptions that might apply. There are also multiple ways that your action could be interpreted depending upon the context. One possibility is that ...


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Probably There are two relevant legal principles here: Apparent authority The legal question to be answered is if a reasonable person standing in the position of the contractor reasonably believe that you had your wife's authority to sign on her behalf? If the answer is yes (and it probably is) then your wife is bound to the contract. Unilateral mistake:...


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Does this clause mean the contract is auto-renewed as he said? Yes. However, your former employer's position on renewals would fail on grounds of (1) the doctrine of contra proferentem, and (2) the parties' subsequent conduct. The second item [34] in this court decision (note that there are two consecutive items numbered "34") reflects that Uganda ...


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We can surmise that your relationship with that firm could not have extended past March 2020 without a new contract, and that you were under this consultancy contract from 18 Feb to 30 May of this year. Then perhaps the contract can be renewed if both parties agree, every 3 months. You do not have to sign anything for such a renewal, but there has to be some ...


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Like a paper signature in ink or blood, a finger squiggle is merely evidence that you have agreed to the terms of a contract. You have agreed, and now you are know the downside of that agreement. However, Colorado law gives you a special privilege to cancel certain contracts, and this may be one: here is the law. Under CO Rev Stat §5-3-402, with some ...


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Its the difference between two different causes of action Facts Phillipa says she is selling a 2003 Super-X car The market value of a 2003 Super-X is £3,000 Alex and Phillipa agree on a price of £2,500 and complete the transfer The car is actually a 1999 Super-X The market value of a 2003 Super-X is £2,200 Question: Is the error (1999 vs 2003) a ...


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In the United States, a "terms of service" agreement is handled in the same way as a contract. The manufacturer has decided that anyone who uses the computer is agreeing to a contract with them, and schools can't force you to agree to a contract. Although somewhat counter-intuitive, the school can't compel you to use their computers unless there are no "...


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Prevents? No. Even the poorest of Families need to provide proof of income. For reasons below. When dealing with Residential Screening: If the Property Requires it you would need to Provide your Social. Most of the process is checking background. Which includes your Credit and Criminal Background. Low Credit would require a proof of income. As well as ...


2

by not fully reading and understanding these agreements, am I in violation of these terms and the agreement? No. A contract is an exchange of considerations (aka benefits). The sole act of reading the terms of an agreement gives no benefit to the counterparty, whence reading and understanding them is not part of the actual contract. Consequently, not ...


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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 ...


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 ...


2

am I right in my understanding of "payment in lieu" in the above scenario? No. You are not being “paid in lieu” of anything; you are being paid your accrued entitlement. Payment in lieu refers to payment instead of some other obligation. In employment it usually refers to an employer paying an employee instead of requiring the employee to work out the ...


3

Residents agree that the receipt of mail by any individual not listed as a Resident or Occupant in this Agreement at the Leased Premises shall be proof of occupancy of that individual and a violation of this Agreement. I assume that the lease states that only the listed individuals can reside in the unit. Maybe they think that this says that receipt ...


3

The lawyer you contacted is right that the landlord has the right to draft the rental agreement as he/she sees fit, but you have the right to say a provision is illegal in court. Washington state requires a landlord to give you notice in advance if they are inspecting your property and your mailbox should count as your property, ihmo. https://www....


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I would advise calling some law offices to consult if there is a case here, but there are plenty of valid reasons why you could have a package sent to your address with a different name (It's Christmas and you want to keep presents for different people stored and organized, so you have their names on the shipping lable to do this on the cheap. You have a ...


2

Because he has no dispute with anyone Or at least, none he was willing or able to sue over. While the auctioneer had sold the nephew's horse after being told not to, if the nephew was happy with the price he obtained then he doesn't have to sue the auctioneer for screwing up. Furthermore, if the price the auctioneer obtained for the nephew was greater than ...


1

Can a voided contract be amended? Strictly speaking, what you refer to as amended contract is actually a new contract. The term of amended might have a connotation that some changes were made to a former contract while it still was in force (or prior thereto). Is the amended contract, that is based on the first voided contract, valid and enforceable? ...


0

They didn't dispute it, because they wanted to quash the guarantee, as per the snippet you gave. The company wanted to prevent other people from making the same claim. Basically, whether they won or lost her case, there would be more of the same type of case, so it was more in their interest to stop that.


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Saying “liar, liar pants on fire” is not admissible as evidence in court. What evidence would they produce that she didn’t? Carlill would presumably testify that she had followed the instructions and that she witnessed herself doing so. Carbolic would testify nothing. On the balance of probabilities, which evidence do you prefer? Carbolic is not going to ...


1

You are an agent of your employer As such, what you do legally binds your employer, not you. An employee can be responsible for torts they commit along with the vicarious liability they create for their employer (not that there is much chance of committing a tort by writing a letter of intent). However, some jurisdictions no longer allow employees to be ...


2

Let’s assume that I’m buying widgets from you for $10 each and I have a contracted buyer at $20 each. I pay you $10. Your widgets are defective and my buyer (legitimately) cancels the order. If I rescind the contract with you, you owe me $10 - the value of my loss. If I validly terminate the contract, you owe me $20 - the value of my expectation. Now ...


1

A tortfeasor is liable if they have committed the tort: in this case negligence. An insurer is liable for damage irrespective of if their acts or omissions contributed to the loss. For example, if I negligently crash into your car, I am liable for your loss, however, if I’m your insurer, I’m liable for your loss even if I’m not there. A common inn is (under ...


0

The answer to your question lies in the text's note that the presumption raised by this evidence is "not legal" and is instead evidential. Note first that we're talking about proving "undue influence" with evidence of (1) P's trust and confidence in D; (2) a dodgy-looking transaction by D; and the absence of (3) a non-dodgy explanation from D, which do not ...


5

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 ...


2

Because returning the defective items bring the claimant back to the status quo before performing the contract, but expectation damages bring the claimant to a position as good as if the contract were fully performed. Usually, contracts benefit both parties, including the claimant. Therefore, in this context, expectation damages are usually more superior.


1

Kindly can someone expatiate it? That book is poorly written. Apparently the author's point is that, when a party incurs breach of contract, negotiating --and reaching a settlement-- is more beneficial than seeking a strict or full enforcement of remedies for the breach as provided in the contract. This makes sense even from the injured party's ...


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I think that the key to understanding that sentence is understanding what exactly, nominal consideration is less secure than. In context, it appears that nominal consideration is less secured in terms of contract enforceability than paying consideration that is more than nominal and instead constitutes substantially equivalent value to what is received in ...


2

The best thing to do is don't put yourself and your property into a sketchy position; find a legitimate ministorage business. But failing that, have a clear, written contract with the friend of a friend for payment for services rendered, i.e. money for storage and safety of your property. Is there something in the contract we can formulate so he's held ...


1

"Quasi contracts" and "contracts implied in law" largely refer to the same thing, as far as I'm aware. For example, The law recognizes two distinct types of implied contracts; namely, contracts implied in fact and contracts implied in law, commonly referred to as quasi contracts... Paschall's, Inc. v. Dozier 219 Tenn. 45, 53 (Tenn. 1966); Quasi ...


2

Penalties are unenforceable in a contract What is a Penalty? A penalty is a clause that sets a harsh monetary punishment for the breach of a contract term, or failure to uphold contractual obligations. At first view, this type of clause may appear attractive to those who wish to ensure that the other party performs its obligations. However, if ...


2

Yes, but yours isn't one of those For the basics of a contract see What is a contract and what is required for them to be valid? Technically, a contract exists independently of its documentation - just like the black eye is evidence of the assault rather than the assault itself, the contract documentation is evidence of the contract, not the contract. ...


5

You asked the rep about how to change some details on your account, and asked him about the cost. It is clear from the recording that you are not changing anything right now. I can't see anything where you state that you want to enter a contract right now, I can not see anything where the rep indicates they want to enter a contract right now. In other words, ...


4

Such agreements are extremely common In fact, companies can issue redeemable shares to the market which can be bought back at any time from the current owner. Such shares normally trade at a discount to the company’s ordinary shares. Of course, companies can also buy back their ordinary shares on a voluntary or compulsory basis anyway. Unpacking your ...


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Are recorded conversations regarded as legally binding contracts? By default, yes. But check whether the written contract addresses issues of that type, since it would supersede what a representative tells customers in an arguably less formal setting as a phone call. Absent a clause to that effect in the written contract, your position is twofold ...


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can this be called stock buy offer at all? Not really. However, that misnomer does not strike the legality of that agreement. Under contract law, labels in isolation really have no meaning or relevance. They become relevant or meaningful only with respect to the rest of the language of the contract. In the agreement you mention, the common meaning of ...


5

This is neither unusual nor illegal, assuming that the buyback price is specified in the agreement. If your friend does not wish to take advantage of the "nice discount" he can decline the deal, and decide for himself whether he wishes to buy shares without restriction, at the market rate. (It would be interesting to know what happens if he sells his shares ...


0

Only you can determine how much you are willing to sacrifice in order to preserve that business relationship. Without knowing more context of your business with that entity, there is little-to-no guidance one can offer on the basis of contract law. On the one hand you mention that your field is very non-traditional. On the other hand your dilemmas project ...


2

The common form of analyzing an issue like that in law school is in "IRAC" form. This stands for: Issue, Rule, Application and Conclusion. Thus, you might write something along the lines of: Issue: Does risk of loss to damage fall on a customer who has selected a good to purchase but not yet paid for it, or on the seller? Rule: Risk of loss ...


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As a new student who doesn't know how to write response to questions in business law,how do I write it. That depends on how much background in law your lecturer/class has developed so far. The scenario you describe is too open or too vague. Any conclusion as to who would be responsible for the damage(s) requires you to consider first a set of assumptions, ...


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