New answers tagged

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The situation: Either the shop made a genuine mistake, or it is unfair trading practices (bait and switch). You can’t prove it. However, you can take a photo, leave, and return two hours later. If it was a genuine mistake then it should be fixed. If the offer is still there, you can insist on the price. Otherwise you have now proof that it wasn’t a mistake ...


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Maybe A price tag, in an of itself, is normally not an offer. There are good reasons for this. For example 100 people may look at a price tag. If it were to be treated as an offer to the world then 100 people could accept that offer and the shop would be contractually obliged to supply 100 of the items when, perhaps, it only has 10 in stock. To avoid this ...


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Section 10 of the US-Constitution effectively bans any member state of the union to have any independent international politics branch: Treaties, alliances, and confederations are contracts between multiple countries. letters of marque are legalizing piracy on enemies of a country Bills of Credit and the regulation on non-fine-metal coinage are regulations ...


6

Yes, explicitly. It even laid out the procedure and method (i.e. on equal footing) of these new states. Specifically, Article IV, Section 3, the "Admissions Clause": New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the ...


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The NHS system was introduced in the UK in 1948. I think Lord Devlin is referring mainly to the system before the NHS was introduced. Before 1948 doctors would charge patients a set fee for seeing a patient but if the patient was poor the doctor might decide not to accept a fee. Hence no consideration and so no contract. Although Lord Devlin is writing in ...


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You missed a bit: Unless, of course, the patient was a private patient and the doctor accepted half a guinea for his trouble: As well as the state-run National Health Service (which is generally free to most patients) the UK also has a number of private health care providers where patients pay, for example, to be treated sooner than they would if they went ...


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You can say whatever you want in the contracts, the more important question is what is enforceable (and where). In the US, the courts won't directly deal with contracts written in Bulgarian, so if enforcement is going to be pursued in the US courts, you can't expect the courts to "use both versions" – but that's not an impossibility in Canada if ...


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As an example of what can go wrong, look at UN Security Council Resolution 242, which passed in 1967. I am deliberately not going to go down the rabbit hole just for the sake of giving an example of what your question was asking. I am going to request that people please not use this answer to argue about the larger conflict this is a facet of or explain to ...


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Is it possible at all to have a contract written in two languages, with the proviso that when in conflict, the parties will first try come to some agreement, or let a court decide on what should happen, based on both contract versions? Yes. The requirement to "first try come to some agreement" may consist of alternative dispute resolution methods ...


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Yes Although it’s highly unusual. Most bi-lingual contracts have one language being the definitive version. Doing it this way greatly reduces the likelihood of and cost of resolving a dispute since it eliminates arguments over which conflicting version is right. However, parties can contract any way they like and if A has sufficient bargaining powers, they ...


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Stack Exchange has given moderators certain authorizations or powers, but that does not automatically make them agents. The specific provision in the agreement that they are not agents would make it harder to argue that they are in fact agents in a particular case, but if they are in fact acting as agents they might be held to be agents in some situations. ...


1

You didn't form a contract in the sense of a legal document stating your intentions and terms. Instead, you formed what the courts call an "implied in fact" contract, where your agreement to the terms is implied by your actions. You may not have believed you were agreeing to pay for anything, but contract law generally ignores evidence about what ...


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You can’t I’m sorry to hear about your circumstances but they are, unfortunately, yours. The fact that you or a family member is sick or has otherwise suffered misadventure does not give you an excuse for avoiding your contractual obligations; in this case, to pay the fee by the due date. In fact, as I read it, the due date for payment had come and gone ...


3

This practice is probably not illegal, but I think it is at best ethically dubious. The invoice specifies ""Advising in relation to employment agreement with X", but according to the question no advice about X was given or even asked for, and while advice about Y was discussed, no such advice was given. That suggests that the asker owes the ...


4

we would like to know whether we have sufficient legal grounds to sever/terminate/exit this contract with Superior Management Co.*, if the company does not mutually agree to do so. No. In that event the HOA is stuck with the contract at least for the remaining part of the current period. The HOA's concern that the provider could breach the contract by ...


0

A and B have undertaken a joint enterprise with an intent to profit, which means they have created a partnership. The app is owned by the partnership, which is a distinct legal entity, even in the absence of any written agreement or government filings. Partnership laws vary from one jurisdiction to the next, but the general rule in common-law jurisdictions (...


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In copyright law, such an app is a joint work, and each developer is a co-author. Either may use or license the work, but any profits are jointly owned, and in the absence of any specific agreement to the contrary, must be split equally. If one co-author is marketing the work, and sharing the proceeds equally with the othe co-author, s/he is acting legally ...


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I know that in many countries, including the US, the UK, and most, perhaps all, of Europe, it is common for houses to be sold while still under construction, so no such legal prohibition exists (or at least is enforced) in any of those countries. I have never heard of any country which has a general law against such a practice, but I cannot be sure for all ...


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It's difficult to tell: it's possible that you could be hired, or that you can't be hired. The easy part, the third question, is that this is not a ban based on ethnicity or citizenship, it is based no residence, so it you are not in Iran, you're not a target of the ban. The sanctions prohibit the importation of certain services of Iranian origin (e.g. ...


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Quitting before the start date: is the non compete enforceable? The non-compete is unenforceable unless the employer has provided you with material information that you can use to the detriment of the employer. Even in that case, the non-compete as outlined in your description seemingly exceeds the legitimate interests of the employer (see art. 2089 of the ...


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I can accept your terms or conditions or I can not accept them. You may have a license saying “You only have permission to read this website if you accept the terms and conditions”. That gives me three choices: Not read it, read it without a license, or agree to your T&Cs and read with a license. Worst case you could take me to court, and it would be up ...


1

Can a website terms and conditions change bind: (1) new users immediately, (2) existing users after a contractual notice period? It can bind new users immediately. The matter is more uncertain and/or complex in regard to existing users because, inter alia, a party's unilateral and belated imposition of new terms contravenes a tenet of contract law that the ...


1

Company B owns them until Company A does The exact moment that ownership or risk transfers is a matter for the parties to agree. Ownership and risk can transfer at the same or different times, also as agreed. If the parties do not explicitly agree, and if it’s relevant to a dispute, the court will need to establish when the transfer occurred. If there is a ...


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In most cases the meaning and effect will be the same, and the choice is merely one of style. The word "govern" suggests an overall control, while "regulate" suggests control on the detail level, but in the example used, i don't think there would be any difference of legal effect.


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I just had the brilliant idea to ask a firm specialising in contract law for help, and they confirmed that the example sentences that I list in my question are indeed correct :)


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It depends on the terms of the contract Specifically, when risk in the goods transferred from B to A. Most contracts In a normal supply arrangement, the goods both belong to B and are at B’s risk until delivered to A. If this is the case, then the destruction of the goods that B planned to supply is irrelevant. as is the fact that it was done by B’s employee....


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What could I do?Is this matter of property law?Or contractual law?Or both? It pertains to contract law. If the destruction prevents company B from delivering on time, company A only has a claim against B: breach of contract. Quantifying an award will be hard (or perhaps futile) unless (1) the contract specifies the remedies for breach, or (2) company A ...


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how it's used According to this source A call-off contract, also known as a blanket order, is a purchase order which enables bulk orders over a period of time. This is a form of framework agreement that is often used in construction where projects can last for months or even years. The benefit of using a call-off contract is that it allows the supply of ...


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Those are just three ways of saying the same thing, there is no legal difference. One could also say: The parties to this agreement are NameA and NameB. This agreement is entered into among NameA, NameB, and Name C. NameA and NameB have entered into this agreement as of {date}. All these have the same legal effect, to list the parties to the agreement, and ...


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