New answers tagged

0

Breach of contract by one party does not allow breach by the other If you are the innocent party you have three options: Overlook the breach and continue to perform your obligations. Seek to have the breach rectified in accordance with the terms of the contract which may involve litigation for damages and continue to perform your obligations. If the breach ...


1

If you send a letter, you're entering into a contract with the respective postal operator. I'm not sure when the contract is entered into (it could be when you buy postage), but the contract should be deemed to be concluded at latest when the letter enters is dropped into the collection box. The relationship between a customer and a postal operator is ...


0

The rights and obligations of parties to a contract are not defined in terms of the performance of the parties, unless it is. The first thing to do is look at the contract and see if anything says that payment can be suspended until the goods are delivered. I assume there is no such clause. So it appears that one party (the dealer) is in breach, and the ...


4

Do I have any recourse for invalidating all or part of the contract? No. There is a presumption in contract law that when a contract is reduced to writing then what that writing says is what the parties agreed. Also, if you signed it, then you are legally stating: I read it, I understand it and I agree to it - don't sign things you don't understand. If ...


3

Whether or not a lawsuit against the attorney is at all practical is a matter that only your other attorney can advise you on (after carefully studying the facts). The primary question is whether the attorney was negligent (there is also the question of whether there was significant damage resulting from the error). It is possible that the contract can be ...


2

if he provides me with copyrighted material that I add to the website, would I be liable? No. Instead, your friend would be liable both directly and vicariously. Direct liability would arise from the fact that your friend himself sends to you the contents he wants in the website. Vicarious liability stems from you making the website on behalf of your friend,...


1

The only concern is have is, if he provides me with copyrighted material that I add to the website, would I be liable? Yes. What kind of contract could I have him agree to, for example is this where indemnification comes in? Yes, they can indemnify you. But you would have to sue your friend to enforce this if you get sued and if they go bankrupt you ...


0

It cannot even be voided before payment was tendered. Once you have a contract, both sides are bound by the contract, and it can only be voided with mutual agreement (there are exceptions like contracts involving minors). (The payment is obviously very good evidence that both sides agreed to the contract. If you hand over the money and the dealer accepts it,...


0

Illegal (breach of contract). They are legally bound to hand to you the car. You owe them the money (you do now again as they refunded it). This is the case since the moment you agreed on a negotiated price, not even since you actually paid. Talk to them and let them know you are going to get a lawyer to apply for a court order to enforce the sale, in ...


3

You mean like this? Of course, a website can charge you to access its pages; many do. And yes, clicking on an "I agree" button can form a valid contract (just visiting the website can't). Historically, the law has adopted the position that if you sign it (including by clicking "I agree") you read it, you understood it and you agreed to it. It's hard to ...


0

How do I interpret the above statement? The only force this section has is that if the company gives you stock options, then there will be restrictions on them. This is not in any way a promise of stock options, let alone stock. You should regard this as a complete lack of any equity being promised. You should point out that this is not what you agreed to, ...


0

Iñaki Viggers's answer is excellent. I can only supplement it with a few additional points from my own experience: Overall, the language that you quote could be described as fairly standard for an agreement for independent contractor services. That is, the negotiated percentage, x%, is indeed typically converted to a number of shares at the time the ...


0

how can I make the bilateral sales contract in Practical Example 1 unilateral? The contract would be unilateral if Practical Example 1 ("Alex offers (or promises) to sell his bicycle to Becky for £150 and Becky accepts, thereby promising to pay £150") were modified as follows: Alex offers to sell his bicycle to Becky for £150, and Becky pays £150. That is ...


-3

The answer is yes! The moment she made the first payment to you she admitted liability and responsibility.


4

Force Majeure An event like the current Covid-19 event is what is known as a force majeure event; a Latin term meaning "superior force". It refers to an event that is beyond the control of the parties to a contract such as war, civil disturbance, acts of God and disease. Common law jurisdictions In common law jurisdictions (most of the English-speaking ...


0

Price Insurance bonds cost considerably less than insurance policies. People get paid for taking risks - if they take less risk they charge less to do so. To get a $1m bond your bank will require $1m in security and charge say, 1% per 6 months or $10,000. To get insurance your insurer requires no security but charges, say $50,000 per 6 months.


3

What do the contracts with your suppliers and the policy with your insurer say? Changes in government regulation do not ipso facto relieve Parties of the obligations under a contract under common (English) law. Contracts are allowed to allocate the risk of force majeure (and indeed, to define it because it has no common law meaning) but if they don’t, then ...


1

Under current state law, the state of emergency does not clearly change anything. The health club contract law is here: the crucial thing is, you have to read the contract. The law did not anticipate a governmentally-mandated shutdown, but does address the question of cancellations in RCW 19.142.040(7). The two most-relevant conditions are: (c) If a ...


4

How can B, who pretends to be C, be not B? They can’t. However, that doesn’t matter. What matters is that A believes they are not B and, more importantly, B not being B is an implied (or explicit) term of the contract.


0

How does Innocent Misrepresentation differs from Mistake? Ordinarily, an "innocent misrepresentation" is basically just one form of a mistake. The term "misrepresentation" is normally used as a legal theory only for misrepresentations that are either negligent misrepresentations or intentionally misrepresentations, both of which give rise to tort remedies ...


1

First up I'm not entirely sure this is on topic here.. but this won't fit in a comment so: A contract can be defined as 'an agreement between two or more parties to create legal obligations between them'. Some contracts are made under seal in other words they are signed and sealed (stamped) by the parties involved. Most contracts are made verbally or in ...


1

why ought recoverability affect how the obligation broken would have been treated? Because, according to Lord Mustill's assessment of Ruxley, when it comes to award of recovery there is only one measure of damage: the loss truly suffered by the promisee. There, he distinguishes between contracts for a purely commercial purpose and those which involve --at ...


1

the owner, he told me he was cancelling my contract, can he do that without providing a reason? It depends on how long ago the contract was entered. The clause entitles either party to suspend it (and, impliedly, bring to an end to it) anytime upon the expiration of the initial period of one year ("shall continue thereafter until suspended by either part"). ...


0

The pest contractor probably wants to keep your money because they are unethical and see it as free. As such, they are quoting legal terms they don't understand to hope you go away. Clearly you paid on time, as you should have had a 4-year credit. Given that you must proceed via arbitration, a clearly-worded letter stating your rejection of their argument ...


0

Under federal law, a government may not "deny to any individual any right, benefit, or privilege provided by law because of such individual’s refusal to disclose his social security account number", but outside of that, there is no national prohibition against governments (any branch) collecting ans disclosing SS numbers. There are some state laws regulating ...


6

What is the meaning of notwithstanding in this context? The clause that starts with "notwithstanding" narrows down the levels of studies that are eligible for payment by the Trustee(s). In other words, for purposes of payment of benefits, "education" can be interpreted only as "undergraduate and graduate study", and thus it overrides --only pursuant to that ...


3

Can a court order reveal an ssn? Yes, although the legitimacy of such order strongly depends on the claims/charges at issue. That being said, the party may (and should) file a motion to have the records sealed, since the public disclosure --insofar as court filings are public records-- of a SSN is extremely unlikely to advance "the interests of justice" in ...


2

It means in spite of subparagraph 5(b) of Article Twenty The trustees are right.


0

Here is the final action that I took: 1.) I called the Attorney General's office, as suggested by the accepted answer. They filed the complaint with the caveat that this is not the sort of thing they typically pursue, but this was rather a matter for the Georgia Department of Labor. 2.) I called the Georgia DOL, and waited on hold for 44 minutes, only to ...


Top 50 recent answers are included