Hot answers tagged

66

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

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

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. ...


16

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.


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 ...


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

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 ...


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

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

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

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 ...


2

Federal and Texas Law: Texas' laws with respect to overtime pay adhere strictly to the federal Fair Labor Standards Act (FLSA). Employees who work more than 40 hours per week are entitled to either 1.5 hours of comp time per extra hour work or 1.5 hours worth of pay per extra hour worked. According to this source, though, the comp provisions are for ...


2

A payment plan is not a contract. You could have a contract where you promise to do something that you don't already have to do, but you can't have a contract obligating you to pay (you already have that obligation). Instead, you seem to have negotiated a modification on the terms of the existing contract: they may have agreed to allow you to pay in a new ...


2

There are two parts to your question: Is it legal to do this? and Can they make me?. I see no reason in the Employment Standards Act 2000 why it's illegal for a workday to be split in two. Section 18 specifies that you are entitled to at least 11 hours between the end of one day and the start of the next, but you are well within that. It is conceivable that ...


2

Under federal law, an employer may impose direct deposit as a condition of employment. The Electronic Funds Transfer Act at 15 USC 1693k only says that employers may not require an employee to have a bank account at a particular bank: No person may— (1) condition the extension of credit to a consumer on such consumer’s repayment by means of ...


2

Materiality I actually don't think you mean "material" in this context but I'll deal with it anyway. Something is material when it has a non-insignificant impact on the performance of the contract. A breach that is not material would not support a claim in court for the breach. For example, a breach from which no damages flowed would be immaterial. In ...


2

It's unlikely that you can legally force an employer to give you a physical pay check. Hence you should explore how you can attain your goal with negotiations or workarounds. Since it's not entirely clear what you specific objection is, we can only speculate. Here are some ideas. Most businesses prefer direct deposits because it's faster, cheaper, safer and ...


2

The transaction you cite shows that the coins left what I presume is your wallet and went to another. You say that you "used" a payment processor, who will presumably convert the coins to Euros and pay your vendor. If so then the processor now has the coins. However it is your responsibility to get the payment to the vendor by following their instructions. ...


2

do I have a case against them in small claims court? Yes. Your description altogether indicates that there is --at least-- an implicit contract between you and the roommates. That implicit contract is palpable from the roommates' subsequent conduct, which includes --but is not necessarily limited to-- their excuses and promises. Although there is no ...


2

It depends on the law In general, if you require a licence to carry on a particular business/profession in a given jurisdiction (real estate agent, business broker, plumber, doctor, lawyer etc.) then if you do that business in that jurisdiction you need that licence irrespective of where your business is based. What the consequences are of doing the ...


2

The merchant can not hold you indefinitely (legally or practically). That being said, you must ask the merchant to provide you with a non-electronic payment method that is mutually agreeable / possible. The merchant's payment system does comprise a credit card system. A modern payment system comprises electronic and non-electronic means of payment: the ...


2

No. Once a check is handed over to someone else, it becomes their property. They can do with it what they want: cash it immediately, cash it next week, burn it, sign it over to someone else, etc. You can certainly remind them to cash their checks though. As an employer in Arizona, you can fire someone for almost any reason, or no reason at all. In Arizona,...


1

Probably not but I googled "require direct deposit Arizona" and saw an article that said - Arizona Allows Employers to Mandate Electronic Payment of Wages. Effective on July 20, 2011, employers in Arizona can mandate electronic payment of wages. Employees that do not elect direct deposit may be paid by payroll debit card, which now can be treated as the ...


1

You may well be stuck. If you agreed to a contract specifying a monthly payment, with no cancellation provisions, you may have to honor it legally. However, under the COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2 The Australian Consumer Law section 82, if the contract was an "Unsolicited consumer agreement" the consumer generally has 10 days in which to ...


1

This site on Ohio landlord/tenant law says: Ohio’s landlord/tenant code does not include detailed rules when it comes to rental terms, but it does require that a landlord must include certain terms in the lease agreement. A tenant legally agrees to follow these rules when she signs the lease agreement. ... The lease should state when rent is due and ...


1

Your best course of action would be to hire a U.S. lawyer to bring a lawsuit in Florida. Given the contractual choice of forum clause, a lawsuit anywhere else is likely to be thrown out. It is often possible to resolve cases like these based upon documentary evidence and depositions and affidavits prior to trial, and usually, telephone testimony will be ...


1

Assuming that this is a contractor relationship, not en employee/employer relationship, the contract would control. If the contract fails to specify, then "usual and customary" practice in the industry or type of contract would control. As mentioned in a comment, many lawyers bill in 1/4 hr or 1/10th hr increments, so it would be acceptable to use either of ...


1

The extra money from that particular check is yours because it meets the legal requirements for a gift: donative intent, delivery and acceptance. They clearly did confirm that the money is intended for you, they delivered and you accepted. Because a gift cannot be taken back, they cannot claim the money. Now, there is certainly another consideration as to ...


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