New answers tagged

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england-and-wales No Such a term would likely be void for uncertainty if the reasons for making the charge were not spelled out in sufficient detail such that the other party would clearly know the circumstances where the charge might be levied. “Because we want to” is not such a reason. It’s perfectly legitimate to give one party discretionary powers but ...


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Can you state this in your contact? Yes. Exercising the entitlement to additional payment after the service has been provided does not change the facts that the customer (1) was duly informed at the formation of the contract, and (2) willfully and knowingly accepted that clause. In terms akin to the Restatement (Second) of Contracts at § 154(a)-(b), the ...


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can the business set out that the deposit is paid back at their own discretion? Generally speaking, the business is allowed to do so. What matters is that at the formation of the contract the customer be properly informed about that "entitlement to discretion". The duty to specify criteria for refund of the deposit and most of all provisions in ...


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australia Deceptive or misleading conduct in trade or commerce illegal This has been interpreted by the courts as conduct that would deceive or mislead a reasonable consumer. It’s also the case that if you are not in “trade or commerce” )e.g. politics) you can say whatever the f#@k you like. our menu options have changed: is neither deceptive nor misleading ...


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what would be the threshold for a lie to be actionable where you could claim a damage? There is no award for "lies" which clearly are inconsequential. A customer will never make decisions based on whether "menu options have changed" or whether the business is honest on the statement "your call is important to us". The impact ...


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Welcome to the world of bullshit. what would be the threshold for a lie to be actionable where you could claim a damage? Does it always have to be material damage? or would a waste of time also be valid for example? So long as you can quantify your damage in dollars/pounds/goats, you can potentially have a case.


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Who owns my website? YOUR website is owned by YOU. If you want it to be owned by your company, you need to transfer the ownership. The domain name registrant and the entity to pay Wix need to be the company, not you. Same applies to any intellectual property that is used for the website functioning and profit generation.


2

if the agreement gets signed by both parties, and Party B (Defendant) decides not to make the downpayment, does that constitute a breach of contract? Yes, or under some circumstances it would be tantamount to rescinding the settlement agreement. First, extrinsic evidence is generally likelier to reflect that the parties' understanding was the closest date ...


2

Such a minor defect would not render an agreement unenforceable. The courts would decide how to resolve this based on the most probable intended year. Suppose for example that the agreement is signed on July 15 2021, and the date for the down payment is February 15: it is unreasonable to assume that the intended year was 2021. Suppose the monthly payments ...


4

This would be a case of mutual mistake or unintentinal ambiguity. If the circumstances make it clear what year the parties intended, particularly if it is the current year, a court would probably treat the contract as if it specified that year. If the parties' intentions could not be reasonably determined, a court might rule that there had been no meeting of ...


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Your main and probably sole legal recourse is a lawsuit. The basis for suing the store would be breach of contract. You pay them some money, they provide some goods. They failed to provide those goods – so far. The contract might say something about when the goods would be delivered, but otherwise the requirement would be "in reasonable time" (they ...


3

In general, a ToS document for a web site or online service is simply a contract or agreement. Normally violations of such an agreement are possible grounds for a civil suit, but are not crimes. Moreover, some terms that some TOS documents claim are not legally enforceable. For example some insist that a user waive a right that the law says cannot be waived. ...


2

does it mean that if I am caused an injury by a third party, receive sick pay, then subsequently claim the third party for loss of earnings, I must claim from them my full earnings and then return the sick pay to my employer? Yes. It is designed to prevent a double recovery. This kind of provision is common in casualty and health insurance contracts, where ...


1

It would appear that the listing does indeed violate the AirBnB ToS provision 5.2 (ii) in that the supplemental contract was not "prominently disclosed in [the] Listing description." Also it seems to violate 5.2 (i) in that it is not consistent with ToS section 9 (Reviews) which says: After each Host Service, Guests and Hosts will have an ...


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The law has changed in England and Wales since this answer was posted due to coming into force of the Tenant Fees Act 2019 on 1 June 2019. Section 1(1) provides a general prohibition on requiring a tenant to make a payment to a landlord. Section 2(1) extends the prohibition to letting agents. Section 3(1) provides that "for the purposes of this Act a ...


2

First, you cannot seize anything. The courts can, and you can ask the courts to do so for you. So the logic of this is that you operate a website that hosts software that creates something for a user. You could just unconditionally let people use it, you could require a subscription, or you could be like SE and put up a TOS with some conditions, like "...


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What does "PROVIDED FURTHER" here mean? The term keeps two provisions separate, and hence independent of each other (unconditional). The former provision addresses landlord's initiative [to terminate the lease] whereas the latter addresses tenant's initiative. The latter pertains to early termination of lease and is not to be confused with tenant'...


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"Utilization of" and "exploitation of" mean the same thing in this context.


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Just a general question, it's so expensive to get lawyers these days and my business isn't making any money. I live in Iraq, can I manage my own legal problems such as customer complaints, land laws etc? You can try to manage to start a business without a lawyer, but this is a horrible idea. The odds that your business will fail and that you will lose a ...


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Typically, the correct thing to do would be to describe in detail the expertise that the the young firm has available to it and the means by which is has gained access to it so as not to be misleading. Otherwise, a claim of tens years experience from a two year old firm would seem absurd and could cause the contract proposal to be dismissed out of hand.


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Let's say you have an actual contract where you give A something of value in consideration of which B gives you something of value. That way, the exchange is legally enforceable and is not just a cancellable promise. This is all written up clearly, and you become a creditor. One thing to bear in mind is that you may have to wait in line so that others are ...


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Yes, there are other rights than ownership rights So, in fact, “ownership” rights are less than “all” rights. In most jurisdictions, there are two types of copyright rights: economic rights and moral rights. Economic rights are the right to profit from the work. Moral rights are the right to be acknowledged as the author and to the integrity of the work. ...


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People have broad freedom to choose contract terms One should not enter into a contract unless one thinks that it will be better than making no deal at all, and is the best deal one can obtain. When one party is in a stronger position, that party can and often does get the better of the deal, and this is perfectly legal. When one party has used very ...


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A lease of land is not the same as a residential lease, the latter being strongly regulated by special laws. So caveat emptor is the default rule for land leases (see this article). You have to look at the laws of your state, but let's take Washington as an example. This is not a residential tenancy which is subject to different laws, it's just leasing land, ...


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What are the benefits from hiring a lawyer, to review a sales contract before buying a used car? There is none because a realtor is supposed to have enough exposure to contracts and/or, with relatively little effort, be able to gather information from the Vehicle Sales Authority of British Columbia on the mandatory disclosures a dealer must make, the ...


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There is no requirement that the terms of a contract be even-handed The common law position is that parties are free to contract on whatever terms they like: if you agree to sell me your late model car for $1 that's a matter between the two of us. The law allows you to make a bad bargain. Unconscionability There is an equitable doctrine that allows the court ...


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Ideally a contract is an agreement between parties who are both are getting something out of it. Why enter into a contract if i whatever you are getting is not worth whatever you ate giving up? That presumes there is no coercion and the parties are competent to understand what they are agreeing to. There are situations where the relative power of the ...


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In addition to Dale's answer: Even if the former employer has no evidence that the former employee used company equipment or developed it on company time? Answer lies in Section 2872: ... In any suit or action arising thereunder, the burden of proof shall be on the employee claiming the benefits of its provisions.


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In short: The implied warranty could not have been revoked under, at least, the Song-Beverly Consumer Warranty Act. Warranting that a consumer goods in written promises and disclaiming that it is merchantable seem, at face value, a contradiction in term. In detail: Pursuant to subdivision (c) of Civ. Code § 1791.1: The duration of the implied warranty of ...


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