All Questions
Tagged with contract-law california
60
questions
8
votes
2
answers
190
views
How exactly does an illegal purpose void a contract?
In an answer that I am sure is practically correct in most situations, the following statement was made regarding a possible civil suit regarding unpaid wages for drug dealing after the debtor dies:
...
- 7,720
0
votes
3
answers
200
views
Do you need to inform the other party that he is in breach?
When someone breaches agreements or breaches contracts resulting in severe (or not) compensation, are you required to immediately notify him (who represents an organization?) that he is in breach? Or ...
- 247
0
votes
0
answers
106
views
Berkeley Min Wage: what if you are only required to do 5 minutes of work?
Berkeley has a minimum wage law but it is set to 18.07 per hour. How does this work if work is divided into minutes?
Separately, does 18.07 per hour comprise 18.07 minimum per day?
Also, what are the ...
- 247
1
vote
2
answers
2k
views
Is it legal for credit card companies to terminate a credit card?
The standard text of a credit card agreement implies American express can terminate the agreement at any time. Problem is, you already gave credit.
As an example, if I give someone a loan, I can't &...
- 43
0
votes
1
answer
105
views
"Not more than" days for cancellation for evergreen clause
Our HOA is in a contract with an evergreen clause or automatic renewal clause. Part of the agreement states that the contract cancelation notice must be given at least 90 days before the contract ...
0
votes
1
answer
57
views
Is a non-exclusive and revocable license valid consideration for a legal agreement/contract?
This question pertains to U.S. law, and California law specifically, if it matters.
The motivation behind this question is the scenario where a company has supplied parts or equipment usage to a non-...
- 19
0
votes
1
answer
51
views
how lawful to have terms of min 5 years in the contract when renting a place for business in california?
How lawful to have terms of min 5 years in the contract when renting a place for business in California?
Understand that all agreements are between landlord and renter, but still wonder if that is ok ...
- 569
20
votes
2
answers
8k
views
Is a thumbs-up emoji considered as legally binding agreement in the United States?
I read that a thumbs-up emoji considered as legally binding agreement in Canada. Is a thumbs-up emoji considered as legally binding agreement in the United States?
If state-specific, I am mostly ...
- 6,215
3
votes
1
answer
168
views
If the employer tells me via text message that I will be paid 2 weeks of severance, how much obligation is he under to fulfill that statement?
If an employer promised me in informal writing (text message) that I was owed 2 weeks of severance pay and then fails to pay me or present me with any formal contract, is he under any form of legal ...
- 163
1
vote
3
answers
199
views
What does leaving a company imply in legal speak? Does it mean termination or quitting a company?
I specifically refer to this example:
You will receive a $***** relocation bonus. In the event that you
leave within 12 months of your hire date, you will be
responsible for reimbursing the company ...
- 163
-2
votes
2
answers
248
views
How to answer this California bar-exam question? [closed]
The July 2022 Bar Exam of California includes the following as the fact pattern of Question 1
"Bath Stuff (Bath), a retailer located in Betaville, sent Neat Scents (Scents), an importer located ...
- 119
3
votes
1
answer
279
views
Meta wrongly suspends a Canadian Consumer's account. What are Canadians' causes of action?
Fact Pattern for Consumer who lives in Canada, and is Canadian citizen.
I forgo naming territories and provinces, because this fact pattern has happened to Canadians across provinces. But Consumer is ...
user49089
27
votes
2
answers
5k
views
Strange Clause in Employment Contract Concerning Leaving Job
My teenager has applied for a tutoring job at a local after-school tutoring center and there is the following clause in her employment contract:
If you decide to discontinue after your term is over, ...
- 383
4
votes
1
answer
116
views
I am writing a service agreement, how do I cite a legal code in the agreement?
I am writing a service agreement, how do I cite a legal code in the agreement? As a company, I need to state what we will do and what the law requires us to do This is the law: cvc 22658
(m) (1) A ...
- 71
0
votes
2
answers
886
views
What's the significance of boxed text in a document?
What is the lawful implication of text enclosed within a (stroked) text box in a document? I have heard this means this text is left out of the contract, or possibly adds an exception to it. I ...
- 3
1
vote
0
answers
118
views
Client in California demands their contract to be signed
I'm representing a Limited company from the United Kingdom and my team has been working with a client for a few months now under an agreement we provided.
Now they incorporated in the state of ...
- 111
23
votes
4
answers
9k
views
Is it legal to refuse an offer for real estate which is above the asking price, when there are no other offers by the published due date
A house in California is for sale with asking price of X .
A buyer engages with an agent and finds out in writing that offers will be accepted until a certain date.
A buyer submits a formal written ...
- 463
2
votes
2
answers
2k
views
Holding refunds for pre-orders until the items become available
How legal is the following practice?:
A store takes pre-orders for physical items. The items take much longer to become available than estimated. The customers get frustrated and request refund/...
- 27.8k
0
votes
1
answer
176
views
Can a customer unilaterally sever a contract with a service provider that has changed name and ownership?
I am a board member of a homeowner's association (HOA). The board is potentially interested in severing a contract with a company that has been managing our association since 2007. In 2007, the ...
- 103
1
vote
1
answer
201
views
The university issued a pay check less than its offer letter. What is one to do?
Suppose that an international grad student at one of the University of California campuses got an offer letter:
Congratulations! On behalf of the Committee on Admissions and Awards
and the Graduate ...
user37953
-2
votes
3
answers
136
views
Are there laws stating that contracts should have good morals?
I am reading a contract that is clearly one sided and demands a lot of rights on the recipient's end to be withdrawn for the sake of the lease agreement. The lending party also wants to negate a lot ...
- 21
1
vote
1
answer
212
views
Perfect tender rule vs (disclaimed) implied warranty?
Context: This is a question I have while studying for the BAR exam. In Question 2 of this practice exam (page 26), we have a contract for a good valued at $15,000 with an express warranty on its ...
- 113
1
vote
1
answer
42
views
Written promise pre-purchase vs signed agreement, what's stronger?
Imagine the following situation:
A customer of a relatively high cost service asks a supplier for a full refund option bound to a specific condition that may or may not occur later in the process. The ...
- 11
1
vote
1
answer
112
views
Can California water districts legally use proprietary water budget formulas?
My water district is using EPA's ETo (evapotranspiration) concept to set water budgets for retail billing. When water usage exceeds 2 x ETo x landscape area in a given month, then the HCF unit price ...
- 332
1
vote
1
answer
69
views
Can California water districts legally use EPA water budgets?
My water district is using EPA's ETo (evapotranspiration) concept to set water budgets for retail billing. ETo is higher during hot and dry months. My water district is multiplying ETo by landscape ...
- 332
0
votes
1
answer
291
views
Do I have to let Buyer in after disclosing new defects?
I disclosed new defects to the buyer along with a inspector's estimate after he removed the inspection contingency. He wants to bring in his inspectors to inspect these defects. The new defects ...
- 49
1
vote
2
answers
664
views
New defects after buyer removes inspection contingency
The buyer has removed all his contingencies and so he doesn't have any way to back out without losing his earnest deposit money. Unfortunately, I later found out that there are some defects such as a ...
- 49
1
vote
1
answer
3k
views
Do the words "100% Money Back Guarantee" or "100% Satisfaction Guarantee" have any legal significance?
For example, say Acme Corp, a California Corporation, sells a free digital audio book on their website for $30 to Bob, who lives in New York. On Acme's web site, next to the payment button, they have ...
- 9,934
0
votes
1
answer
212
views
Is home buyer allowed to back out from purchase in case seller sent materially different disclosure form after buyer removed contingencies?
Before visiting a property seller sent C.A.R. TDS form via email that stated that "guest house was remodeled without permits". Since guest house was advertised as part of property and ...
- 384
-1
votes
1
answer
129
views
Am I interpreting "Removal of Contingencies With Offer" clause properly?
C.A.R. purchase agreement has following paragraph that has a checkbox next to it:
C. REMOVAL OF CONTINGENCIES WITH OFFER: Buyer removes the
contingencies specified in the attached Contingency Removal ...
- 384