New answers tagged contract-law
1
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“if parties create a breach of contract then this agreement is null and void and the division of proceeds shall be decided by court of law.” Meaning?
What the clause says is, literally, that "If the actions of the parties create a breach of contract for the sale of the home then this Agreement shall be null and void and the division of the ...
- 206k
2
votes
Are customers of FTX.com liable for clawbacks, given that the contract states they own the assets on the platform?
The term of the contract are relevant, but so are the actual facts of what FTX was holding.
It will matter whether FTX was in fact holding a discrete asset, attributable to the owner/user, in trust ...
- 36.5k
-3
votes
Are customers of FTX.com liable for clawbacks, given that the contract states they own the assets on the platform?
FTX never bought the "assets"
That's the problem. They took the investor's money and didn't buy what the investors thought they were buying. For analogy, if you gave your agent $500,000 to ...
- 192k
0
votes
USA Employment Law: Job Search with Moonlighting
I'm assuming you're worried about employment contract clauses that specify that anything you do while working for the company are property of the company. Usually they say something along the lines ...
- 101
0
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How corrupt does a contract need to be for a country to invalidate it?
Corruption does not, of itself, cause a contract to be unenforceable
A contract for an illegal purpose is void an initio.
So a contract where one of the primary obligations is a corrupt act is void ...
- 192k
0
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Can ex-employer ask/require in a severance agreement that if I plan to disclose information about the severance agreement, I must tell them first?
When we talk about a "severance agreement", it usually means the employer pays you money that they are not legally required to pay, in exchange for you doing something they want. For example,...
- 31.8k
1
vote
Seal instead of Signature
In england-and-wales, the Companies Act 2006 sets out provisions for when and how in the modern era documents may be “executed” such as equivalent to a company imprinting them with their seals.
As I ...
- 7,167
2
votes
Seal instead of Signature
japan
As long as Juan used a personal seal, especially one that was registered to his name, then there is exactly one signature as far as most people in Japan are concerned: Juan signed the document ...
- 31.4k
4
votes
Seal instead of Signature
While there may be an isolated holdout or two, almost no U.S. states make a distinction between contracts under seal and signed contract. A seal is an acceptable substitute for a signature as is any ...
- 186k
-1
votes
Does DoorDash have the right to collect order prices from users who took advantage of a bug in the app that made all orders appear to be free?
According to Business Insider :
A spokesperson told Insider: "On the evening of July 7th DoorDash
experienced a payment processing issue, and as a result, some users
were able to check out ...
2
votes
Does DoorDash have the right to collect order prices from users who took advantage of a bug in the app that made all orders appear to be free?
united-states
tl;dr: DoorDash can probably void the contract, and not perform the service (delivery) for the price advertised. However, if they have already delivered the product, they are entitled to ...
- 7,323
2
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In UK, how hard can you hold a builder to their quoted price?
You define the scope
That is, what the builder will do, and what the builder won’t do. This is no different from any other contract.
If the scope does not vary over the course of the contract, then ...
- 192k
4
votes
Legality of charging customer service for one’s time spent dealing with them
He already has a contract with the company
It’s unlikely that will require the company to pay him for time spent dealing with them but, if it does, then it would set a rate for this. All the contracts ...
- 192k
3
votes
Accepted
Legality of charging customer service for one’s time spent dealing with them
I think the courts might be loath to accept the logic here.
The starting point is that courts expect each side to allow a reasonable amount of time and effort for communicating about a dispute or ...
- 1,570
1
vote
Legality of charging customer service for one’s time spent dealing with them
You ask whether an agent of a corporation (e.g. a customer service representative) can accept on behalf of the corporation a contract offered to them that would have the corporation pay the offeror a ...
- 36.5k
5
votes
Can a terminated commission based legal representation relationship give rise to expectation damages in England?
canada
The client can always terminate the solicitor-client relationship at will, without penalty. This is a principle recognized in professional codes and at common law. This principle is based in ...
- 36.5k
2
votes
What are the limits of a contract offeror's ability to designate actions that accept the offer?
There is no bright line rule
There is no bright line rule, but the conduct argued to be acceptance must be interpreted in the context of what the offeror has designated would constitute acceptance. It ...
- 36.5k
2
votes
Accepted
Charging interest on a locked account
The relevant law is probably just the general common law of contracts. Banking regulations or consumer finance laws are unlikely to be pertinent to answering this question.
The implied duty of good ...
- 186k
7
votes
Are punitive contractual clauses enforceable?
england-and-wales
The law which forbids punitive contractual terms in England and Wales derives from common law precedent perhaps best described by Lords Neuberger and Sumption in ParkingEye v Beavis:
...
- 419
2
votes
Accepted
Why is a parking fee sign posting bilaterally binding but a menu board/price list is merely a non-committal invitation to treat?
How can [parking] be an offer and the [restaurant be an invitation to treat]?
Consider it this way: in the everyday parking context there is rarely if ever an opportunity 'to treat'- i.e. to ...
- 12.2k
15
votes
Are punitive contractual clauses enforceable?
england-and-wales
The courts are generally loath to recognise that a party has anything but an economic interest in the performance of a contract.
And that the party's interest is not in strict ...
- 1,570
9
votes
Are punitive contractual clauses enforceable?
canada
The position in Canada flows from English common-law.
When parties agree on an amount to be paid upon a particular breach, this is sometimes understood to be what is called a "liquidated ...
- 36.5k
1
vote
What makes something an offer in contract law?
See AlumaSafway Inc. v The International Association of Heat & Frost Insulators and Asbestos Workers, Local 119, 2022 SKCA 99, at paras. 50-51 (citations omitted):
[50] An offer, in the ...
- 36.5k
3
votes
How do section titles impact the interpretation of body text in a contract?
Headings can be used to inform the interpretation of the operative clauses. See Neely v. MacDonald, 2014 ONCA 874, at para 11, citations removed:
The headings contained in a contract are part of the ...
- 36.5k
2
votes
Why is a parking fee sign posting bilaterally binding but a menu board/price list is merely a non-committal invitation to treat?
Public parking
Where the parking is provided by the public (usually a local council), the transaction is not a contract. The obligation to pay for this type of parking is prescribed by law.
Private ...
- 192k
5
votes
Why is a parking fee sign posting bilaterally binding but a menu board/price list is merely a non-committal invitation to treat?
The parking sign is probably a contractual offer, which can be accepted by conduct
As answered at this question, the parking sign asserts itself as an offer and even sets out the manner of acceptance: ...
- 36.5k
5
votes
Accepted
What is the significance of an invitation to treat?
Significance as a social practicality
If only offers are binding, but not invitations to treat, then what is the point/purpose of a ITT?
An invitation to treat is simply useful pragmatically and ...
- 36.5k
6
votes
Accepted
Accepting payment terms and conditions
Performance generally indicates acceptance of an offer
Alice sells cookies for 1 unit of currency per item. Bob comes by and gives her 5 and says "5 cookies." By accepting the cash, Alice is ...
- 31.4k
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