All Questions
Tagged with contract-law legal-terms
73
questions
0
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3
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259
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What's it called when a law is created that just confirms a lesser known law that already exists?
Consider this scenario. In California hotel tenants are arguing that its against the law to kick them out after 28 days. This was always true but hotels ignored the law. Now that tenants made it an ...
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vote
3
answers
244
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What counts as consideration in contract law?
What counts as consideration in contract law? Does consideration from party A have to be to the benefit of the party B?
- 61.4k
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2
answers
56
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"Be to verb" in contract
This is a provision in CONTRACT FOR THE
INTERNATIONAL COMMERCIAL
SALE OF GOODS
Effects of avoidance in general
12.1 Avoidance of this contract releases both parties from their obligation to effect ...
- 31
-2
votes
1
answer
39
views
resolution vs settlement
This is a provision in CONTRACT FOR THE
INTERNATIONAL COMMERCIAL
SALE OF GOODS
Effects of avoidance in general
12.1 Avoidance of this contract releases both parties from their obligation to
effect ...
- 31
-2
votes
1
answer
25
views
Why did the contract writer use both provision and term?
This is a provision in CONTRACT FOR THE
INTERNATIONAL COMMERCIAL
SALE OF GOODS
Effects of avoidance in general
12.1 Avoidance of this contract releases both parties from their obligation to
effect ...
- 31
0
votes
1
answer
119
views
In a contract what is the clearest way to state which country's currency is being used? Why is there so much variation to these terms?
I noticed in written contracts there are various ways to state which currency is to be used for money. What is the difference between 'legal tender' and 'lawful money'? Is it more clear just to say '...
- 59
3
votes
1
answer
166
views
If I dispute a debt, and the creditor agrees to waive it, do I implicitly acknowledge the debt by accepting the waiver?
A debt collection agency engaged a law firm to send me a letter of demand. The debt is 5 years old and I am not aware of it until I received the demand letter. From my perspective, I don't owe the ...
- 79
15
votes
5
answers
6k
views
Is it considered a breach of confidentiality if data is uploaded to a website which only makes that data available to the uploader?
I'm a developer working at a company that handles sensitive banking information and recently, I've had troubles organising my code and thus posted it in a private repository on Github, which only I ...
- 153
1
vote
4
answers
156
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Is it legal to renew my secondment job contract without my consent?
I'm an employee of a company called X, And I works for a company called Y by a Secondment contract(Company X is in my country, Y is an overseas company.I'm getting paid through company X, by the money ...
- 121
4
votes
2
answers
2k
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Does "agree to negotiate" mean it has to happen?
We are in the process of purchasing some land, and one of the requirements of the contract is
The buyers, BUYERS_NAME, agree to negotiate a trade of land with the neighbors, NEIGHBORS_NAME, if ...
- 51
0
votes
1
answer
61
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Mandate vs Law Distinction
I have general concerns about government overreach and encroachments upon liberties.
On several occasions during the last two years I've heard people mention that a mandate is not a law.
I'd like to ...
- 129
1
vote
2
answers
169
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Is there a term for a contract where the parties make identical commitments?
Most contracts involve one person promising one thing and another person promising another thing. For example, in a tennancy agreement the landlord's obligations to the tenant are different from the ...
- 113
2
votes
1
answer
160
views
Am I breaking the non-compete clause of my job contract?
Suppose that a person W is about to start an internship at a company C soon, W just signed the contract. one of the clauses reads:
During the term of this contract, the Employee must not carry out ...
- 23
0
votes
2
answers
618
views
How do you use "call off"/"call-off" in framework agreements?
As far as I've been able to figure out, the phrasal verb "call off" is used as a specialised term for when you order or request specific services or supplies that you have previously agreed ...
- 163
1
vote
1
answer
130
views
In software contracts, does "all right, title & interest in & to software" provide more protection than "all ownership right, title & interest in..."?
Seems that the addition of "ownership" here is limiting, but I'm not sure whether it really is or how it is.
If the language "supplier retains all right, title and interest in and to ...
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votes
1
answer
2k
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What is meant by the term "Foreign sovereign"?
What is meant by the term "Foreign sovereign"?
It relates to the contract act.
- 11
3
votes
3
answers
421
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Is there a commonly agreed on definition of "third party" or does a contractual agreement have to define the term?
Does a contract have to define "third party" or does it have a standard meaning of "any entity not a party to this agreement"?
If third party is not explicitly defined in an ...
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1
vote
2
answers
127
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Why doesn't Commonwealth law routinely use Acceptee, like Offeror?
The Oxford English Dictionary recognizes acceptee.
As the jurisprudes here know, Acceptee differs from Offeror, because offers don't have to be accepted. If you want to distinguish an accepted (from ...
user89
1
vote
1
answer
71
views
Can the "Pandemic" be considered "not occasioned by the conduct of the (business)" and considered not reasonably remedied?
In my contract it reads "In the event that (business name) is unable to perform any of it's obligations under this Agreement due to any occurrence whether or not occasioned by the conduct of (...
- 11
1
vote
1
answer
77
views
Document says "A and B" have some authority — does that require unanimity or not?
If a governing document says that "A and B" have the power to act on behalf of Company X, does that mean that both A AND B have to sign e.g. a contract to bind the company? Or does it mean ...
- 6,498
1
vote
3
answers
101
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What might be an "analog" for "frustration of purpose?"
In a contract, frustration of purpose occurs when "unforeseen" events prevent the operation of a contract from achieving its intended results, even if it can technically be fulfilled. For ...
- 6,498
5
votes
1
answer
543
views
What does "severability" mean in the following context?
Parties A and B signed a contract governed by New York law. There were three "conditions precedent" for the contract to take place.None of these conditions precedent had been fulfilled on ...
- 6,498
0
votes
1
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352
views
parol evidence rule v. plain meaning rule
I saw this paragraph {"[a] clear conceptual division would treat the plain meaning rule as about interpreting the provisions of contracts, and the parol evidence rule as about establishing what count ...
- 41
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2
answers
137
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What are "cooperation in perfecting rights" and are they enforcable?
Bellow is an example "Perfection Rights" provision from a employment contract. To me it seems to be saying 1) you agree to do paper work we may need you to do, even after you are no longer ...
- 129
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votes
1
answer
6k
views
Difference between terms and clauses in a contract
I'm new to legal terminology used in contracts. I'm trying to understand the difference between terms of a contract and clauses of a contract. All the sites have referred so far provide no clear ...
- 103
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votes
2
answers
717
views
What is the meaning of consensual principle for the basis of making law of contract?
What is the meaning of the consensual principle for the basis of making the law of contract?
0
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1
answer
120
views
What can I do legally to a friend of a friend who returned items damaged? Or stole them?
I'm leaving some things (a suitcase and a computer) with a friend of a friend for a month, so I don't really know the person too well.
I have some sketchy feelings about leaving my stuff with them ...
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2
votes
3
answers
128
views
What is my relationship with a service company contracted by my insurance company?
I am wondering about the legal terminologies that define a relationship that I have with a service company. Some maintenance work was needed for several appliances at my home, so I contacted my ...
- 411
3
votes
0
answers
356
views
What does "exclusion of the defence of continuation of the offence" mean?
Could you please explain what this clause (from an employment contract) might mean:
For every case of culpable violation of the obligation of
confidentiality stipulated in section xx, the ...
- 159
1
vote
2
answers
192
views
Is it advisable for a person write his own contract if he is good in english but don't know legal jargon?
A lawyer scared me by saying, yes you can right your own contract but chances are most of your clauses won't hold in court cause you don't know legal jargon.
However, I know english and my english is ...
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11
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3
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3k
views
How to interpret or parse this confusing 'NOT' and 'AND' legal clause
In the following legal clause:
They shall not confer the right to attend any meeting of members and
to exercise one vote for every share held.
Does the NOT negates both ANDs as in:
They shall ...
- 649
2
votes
3
answers
10k
views
What is meant by "right, title and interest"?
In contracts what exactly is meant by the words (both collectively and individually) "right, title and interest"?
Example from Docracy
Assignor exclusively owns all right, title, and interest in ...
- 468
5
votes
1
answer
1k
views
What does "in the course of" mean?
I'm trying to decipher the Proprietary Rights section of a contract I've been asked to sign. Does "in the course of providing services" mean "during the same time as providing services" or "for the ...
- 153
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votes
2
answers
206
views
What does "rejection of an arbitration provision mean"?
Chase Bank/JP Morgan Chase recently added a provision to their terms for cardholders about arbitration. So customers are receiving notices about this change, but at the bottom of the notice, it says ...
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1
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226
views
What is meant by exclusive jurisdiction?
For example from lawinsider emphasis mine
Forum Selection. Any litigation based hereon or arising out of, under
or in connection with this Agreement, may be brought and maintained
non-...
- 59
2
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2
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2k
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How does a 'covenant' differ from a [1] 'promise' [2] 'contract'?
I'm discombublated why none of my contract law textbooks define 'covenant' when they use it many times, including Anson's Law of Contract (2016 30 ed) and Contract Law: Text, Cases, and Materials (...
user89
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5
answers
124
views
What is it called when a pre-defined penalty is specified in a contract?
In contract law, what is a pre-defined penalty for non-performance called?
For example, if the contract says something like: "so-and-so will do xyz by May 5, 2021, and if so-and-so should fail to do ...
- 6,998
1
vote
2
answers
96
views
Legally enforceable contract?
I told my landlord that I will only be living in the apartment for half a school year because of my early graduation. I told him that my girlfriend would be taking over the other half of the school ...
0
votes
2
answers
459
views
Are there any legal terms to use for charging the client for downtime hours at reduced full-time rate?
Normally, when working as a contractor, the bench time — when the client fails to provide you with the work to do, and no explicit work hours were assigned, either — is not compensated.
This could be ...
- 5,078
0
votes
1
answer
356
views
Are 'no contra proferentem' clauses enforceable?
Are 'no contra proferentem' clauses enforceable? It seems the point they exist is to increase fairness and removing them would inherently make contracts less fair. Also, is there another name from ...
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2
votes
2
answers
2k
views
What exactly does "without prejudice" mean and how does it work?
According to businessdictionary.com without prejudice means
Law phrase: Without abandonment of a claim, privilege, or right, and
without implying an admission of liability.
This sounds pretty ...
- 591
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2
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154
views
Automatic Renewal Contract / Contract Law - Licensee Cancels before Expiration Date, but not within 30 day period
Has this turned into contract law - can the licensee cancel the upcoming auto-renewal?
Licensee entered into a multi-year software usage contract with Licensor. The software license is a straight ...
- 103
1
vote
1
answer
2k
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What does 'duty to devote full time' mean?
In a work contract there is the following term
Duty to Devote Full Time
The Employee agrees to devote full-time efforts, as an employee of the
Employer, to the employment duties and ...
- 41
3
votes
1
answer
241
views
How did 'consideration' semantically shift to mean 'something given in payment'?
What semantic notion connects the bolded meaning beneath with all the others that aren't related to recompense? To me, nouns like remittance or solatium (if we prefer an uncommon term) fit the bolded ...
user89
-1
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2
answers
1k
views
What is the difference between contract, deed and covenant?
What is the difference between a contract, deed and a covenant?
- 533
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3
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626
views
Which has precedence, a purchase policy or an invoice's payment terms?
If an online company has a posted policy that says your payment is due on the second of every month, but send you an invoice with terms of net 30 and a due date of the thirtieth, is the invoice date ...
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votes
1
answer
160
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Question about NDA Term
I am currently reviewing our company's NDA templates and came across the following term:
This Agreement shall remain effective for six (6) months from the Effective Date. All obligations of the ...
- 103
5
votes
3
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41k
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How long can my girlfriend stay over at my place despite not being on the lease?
I have recently signed a new lease and moved into my new place. The place I have moved in is a unit in an apartment complex. The manager of the complex told me I cannot have guests for more than 14 ...
user18230
1
vote
2
answers
281
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What does this clause mean in a job offer?
What does the following paragraph mean? I haven't heard of "perfection rights to innovation and proprietary information" before. It sounds like the company could sign on the employee's behalf.
...
- 175
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1
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433
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Is "including but not limited to" dangerous?
I am looking for opinions about the phrase, "including but not limited to". Yes, I know that it's commonly used, but is it dangerous to the person signing the contract.
For example, consider "You may ...
user13525