Hot answers tagged

67

at what point can you just leave? Is it always technically illegal in the UK to leave without paying the bill? Probably depends on what you mean with just leaving. If just leaving translates I haven't paid and I won't pay (because of the hassle with the card) then that's probably Making Off Without Payment, section 3 Theft Act 1978 (Thanks @bdsl).  ...


36

There is little prospect for suing over this measure. The university has a legitimate interest in verifying that access to online systems is only granted to authorized users, and simple passwords are considered to be insufficient. (I don't intend to argue about password technology, I'm just making the observation that two-factor authentication is better than ...


36

It is illegal for you to take a meal and intend to not pay. You have a reasonable expectation of using a credit card if they normally take it, The situation of finding out the machine is down isn't, by itself, intent to not pay. So if they call the police, and while you're still in the restaurant, accuse you of refusing to pay -- the police certainly will ...


17

They can’t hold you there for any period of time, as that would be false imprisonment. You have a legal obligation to pay the bill; however, there is no contract about when your payment is due. You can leave at any time without paying, so long as you have the intention to pay. You can leave your contact details so there is proof of your intent to pay later.


17

If I fill my car with diesel and suddenly realise I've left my wallet at home, the attendant will take a note of my car registration, which will be all over cctv anyway, along with my face. I'll promise to come back and pay within a reasonable amount of time that is agreed. If I fail to honour the agreement they will call the police and report it as theft. ...


15

Typically the landlord will have a preexisting clause in the lease that says the landlord may choose to amend the lease at a later date. While that may be in contracts, I don't see that holding up in court. You can't unilaterally amend contracts to add new terms without acceptance on part of the lessee. Any clause in the contract like that will require ...


6

"One day and that day may never come" If a company never invoices me, am I obligated to do anything? No (given that they know how to contact you i.e. you are not evading being invoiced). That said, you will still owe the money. When/if they ask it to be paid, you will need to pay. But there is no need to proactively bug them to take the payment. Until ...


5

Employees are only required to work in the sense that refusal to report can result in discipline (like reprimand or firing) and forfeit of whatever money you would have earned had you shown up. This is exactly the same way federal employees (or most employees, for that matter) are always required to work. The fact that they're not being paid on time has ...


5

You owe money if there is a contract obliging you to pay. Whether you receive what you pay for (e.g. services) only affects your stance when suing for non-performance/damages; your obligation to pay still stands until the court decides it does not (or there is a mutual agreement to discharge the contract). It is irrelevant whether the original payment ...


5

I'm pretty sure any judge is going to give them broad leeway to the business to self-determine the manner in which they secure their electronic systems. Where your argument disintegrates (or coalesces) is what may be blindsiding you: There's more than one way to pay a bill. Or there ought to be. The court system is an entity that runs on paper. And it runs ...


5

In practice this is rarely done in the US. There have been cases of employment contracts with automatic increases tied to the CPI (Consumer Price Index) or some other measure of inflation -- I believe at one time a number of union contracts specified this. Employer and employee could certainly agree on any such formula. But in the absence of any explicit ...


5

Walking away without paying comes under three possible criminal acts: The Theft Act 1968: defines crimes related to "dishonestly appropriating property belonging to another with intention to permanently deprive the other of it’". ("Appropriating" basically means treating the objects as if one was the owner, so taking it to keep or to sell, etc). This is the ...


4

As a graduate student at a UC school, you are a private customer of business run on behalf of the State of California. Given private contract law and the general framework in the USA and California, I think they can require that customers pay bills by using two factor authentication as there are not any laws that explicitly forbid it. In general, to sue ...


4

When does a CEO (or the investor or the board) have to notify employees they will be unable to pay them for work already done? Directors and officers (which includes executive officers like the CEO) but not investors have a duty to ensure that the corporation does not trade while insolvent. In this context, "trading" means incurring new debts and "insolvent"...


4

Is this something that an employer can just do? That is very unlikely, although strictly speaking there is not enough information to answer either yes or no. Section 2810.5(a)(1)(C) of the California Labor Code provides that "[a]t the time of hiring, an employer shall provide to each employee a written notice [...] containing the following information: [......


3

In Texas, as in most of the US, the law is "Employment at Will". This means that an employer is free to fire people at any time, for any reason, or none, as long as it is not for one of the few reason forbidden by law, such as racial or age discrimination. Hourly employees are entitled to overtime pay in such cases, but "exempt" employees are not. Nor are ...


3

Is It Too Late To Collect The Bill? Probably not. There is a statute of limitations for collecting unpaid medical bills that varies in length in different jurisdictions, and the age of the bill in the question is approximate, so it is hard to know for sure if this one is too old. The relevant statutes of limitations in most U.S. states would be at least ...


3

The party that made the overpayment would have the right to sue you for "unjust enrichment" or "breach of contract" (since the terms of service no doubt provide or strongly imply that you are entitled to only one payment per sale), if you didn't voluntarily return the overpayment following a demand to do so, even though you received it through no fault of ...


3

Yes it is kind of possible what country would the legal action need to originate from? Would one file in the US and note the foreign defendant or would one file, as a foreigner, in the home country of the defendant? You can go either way. It is not obtaining the judgment that is the biggest trouble here, but enforcing it. You will need: A UK ...


3

If this is a client - contractor relationship, it depends on the contract. Attorneys may bill on a quarter-hour basis, or a 10th-hour basis. A 1 minute phone call under a quarter hour billing basis is more expensive than under a 10th-hour basis, all other things being equal (i.e. the hourly rare). So if I hire an attorney to do something and he bills me for ...


3

TL;DNR: As usual, the answer is, "it depends." In this case, it depends on whether you ever worked on this deal while you were in the state that requires a license. US courts have consistently held that a broker or agent who is not physically present in a state is not "doing business" in the state, and thus not subject to its licensing laws. First, a point ...


3

You have two downvoted answers here. One of them is actually correct, one is nonsense. Question: Which one? Answer: Doesn't matter. If you provide this service without getting advice from a competent lawyer first, your risk is much too high. Making the wrong decision (either giving up on a good business idea without reason, or providing a banking service ...


3

When dealing with recalcitrant agencies, governments, businesses or otherwise who move very slowly or refuse to deal with genuine consumer issues - like refunds they have agreed to - one thing to do is carefully up the ante. You need to get them to take you seriously, and one way is to potentially get some third party help. Call the hospital billing ...


2

Note: IANAL Does the placement of a sticker stating, "We accept XYZ credit cards," essentially obligate a business to accept that card? It depends on whether you mean whether they are obligated to provide goods/services to someone who presents the card, or whether, having provided goods/services, they are obligated to accept the card as payment. For ...


2

This is a breach of contract, and not a fraud, unless you can prove that they had no intent of refunding your money when they told you it was refundable, which would cost thousands of dollars to do, even if you could manage to prove it. As a practical matter, however, the cost of obtaining relief in time and money may exceed the $92 you could recover. Even ...


2

This is likely a simple case of someone giving them your email address by mistake, instead of their own. In any case, if you didn't make the booking you owe them nothing. You should respond to the email, stating that you didn't make the booking and that you believe they have a case of mistaken identity. Suggest that they send the SMS message, as it is ...


2

Disclaimer: I don't know the specific regulations of New Jersey, so this mostly describes the general practise in the United States. However, it seems the rules are roughly similar in all states. During a divorce proceeding the court ordered the father to pay 1xxx a month in child support through the court/state supervision arrangement. This is ...


2

They can terminate the "Project" (presumably defined elsewhere) if the client blah, blah, blah, however, they must still pay you for the work you did prior to them terminating the Project (if, in fact, they have terminated it - they have the right but they still have to exercise it). Hire a lawyer.


2

Contracts do not have to be in writing unless there is a law that says they have to be: wedding services are not such a contract AFAIK. However, you do have a written contract which the other party has accepted by conduct.


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