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:
...
- 7,710
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
0
votes
3
answers
616
views
Section 2870 of the California Labor Code - Can former employer claim ownership of former employee's project?
Silicon Valley tech companies in California require employees to sign a contract that assigns all inventions to the employer. The only protection employees have are in the form of Section 2870 of the ...
- 21
1
vote
1
answer
126
views
When the Director differs from the script
Let's assume Alice wrote a bestseller. Then she made a script from it. This script is then given to the movie studio in Hollywood, who contracts Director Bob to make the actual film. The studio doesn'...
- 41.5k
1
vote
1
answer
1k
views
If a contract always uses the wrong name, is it still valid?
I was given a contract (NDA) that looks like it was from a template that was not retyped. My name is not stated anywhere on the contract, but rather someone else's name is on the contract. I do not ...
- 129
0
votes
1
answer
73
views
Can you be required to have a written contract by California?
I was reading the list of the 12 conditions necessary to qualify under as a Business Service Provider (BSP) in California over at https://insight.ieeeusa.org/articles/california-bill-ab-5-threatens-...
- 5,078
1
vote
2
answers
163
views
Subletting in California on a month to month lease
I have a friend who is a sublandlord in California and he's on a month to month lease. He wants to move out because the house is in a terrible condition and the subletters are terrible roommates. How ...
- 11
2
votes
1
answer
106
views
Stop paying for service after company refuse to end contact even on valid ground
So I signup for a service with a 1-year contract. After a year the contact would be renewed on a month to month basis with 1-month notice to terminate the service. I have contacted the company and ...
- 151
2
votes
1
answer
139
views
Independent contractor, feeling like an employee - Will California's AB5 change my classification?
I have been an independent contractor in California for a number of years with a business. Some of my tasks include graphic design, ad creation and management, search engine optimization, product ...
3
votes
1
answer
230
views
Keeping a Weakness Secret
If a company invents a padlock with some obscure weakness that most
criminals would not guess, is there anything the company can do
(before or after selling it to the public, or within some "user
...
- 1,001
1
vote
2
answers
208
views
Contract requiring the signing of a statement that may not be true when signed
I found an employment contract, in which the employee promises, upon termination of employment, to sign a "Termination Certification" and present it to the employer. The text of the certification is ...
- 3,511
0
votes
2
answers
3k
views
Are text message agreements legally binding in CA small claims court?
My parents sold their house but they breached a part of the contract. As a result, the other party sued my parents in California small claims court. The court date is in 2 weeks.
We've contacted the ...
-1
votes
2
answers
409
views
Can I take an employer to court for false promise? He promise me a temporal job for 2 months and din't fulfill that promises? [closed]
Can I sue a person for don't fulfill his promise? Sorry for the long story.
We are "friends" from long time ago maybe from 2010. He started his own small business 4 or 5 years ago and sometimes asked ...
- 7
1
vote
1
answer
102
views
Contract still valid after servicer changed name?
There is no clause in the contract about transfer of service (or whatever you call it) like if it's still enforceable even after the service has been transferred to someone else.
I had a contract ...
- 199
2
votes
1
answer
1k
views
Can a Rental Contract Supersede State Law?
After several years of habitability issues (which were eventually fixed after 4 years), our landlord is asking us to sign a settlement agreement that would release them from all liability dating back ...
- 21
1
vote
0
answers
444
views
Inventions Assignment Agreement in California
As I was being hired today, I was asked to sign a "Confidentiality and Inventions Assignment Agreement" which partly reads:
"I agree that all right (...) to any copyrightable material (...)
...
- 637
3
votes
1
answer
1k
views
Does section 2870 of the California Labor Code apply if my employer has headquarters in California but I do not work there?
I do not live in California, but my employer does business, has headquarters, and is incorporated in California. Which state's laws apply to the employment agreement? In particular, does Section 2870 ...
- 374
4
votes
1
answer
423
views
Is there any theory that would let someone recoup their money from buying overpriced jewelry?
This question is inspired by this article.
Alice purchases jewelry from dealer, Bob, for $15 million.
Alice hires Carol to appraise jewelry.
Carol advises Alice jewelry is worth $5 million.
Alice ...
- 9,934
-1
votes
1
answer
1k
views
termination of autorenewal contract for business to business
Hi experts out there -
I have a business contract that has the term that 'The Service Order will automatically renew for additional successive one-year terms unless at least 60 days before the end of ...
1
vote
1
answer
88
views
Software Development Contract and Inventions
The following is in a contract:
For purposes hereof, the term “Inventions,” shall mean, without
limitation, all software programs ... developed by Consultant, either
alone or jointly with ...
- 11
2
votes
2
answers
7k
views
Can a minor legally sign an employment contract?
Let's assume that Example, Inc. (a tech company based in California but registered in Delaware) wants to hire a non-emancipated 16-year old minor for a full-time position (using the principle of at-...
- 309
2
votes
1
answer
149
views
What are the best defenses to an unlawful eviction action by a landlord?
What are the BEST defenses to an unlawful eviction even when I am currently caught up on all my rent in rent-controlled West Hollywood California?
