Questions tagged [contract-law]
For questions about laws related to contracts, an agreement between two or more parties.
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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 ...
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Expected result of trying to buy a lot with a bad listing
I was looking at this listing in or near Dorris for reasons that don't really matter.
The listing says it's on Juniper Street; but there is no such lot on Juniper Street. I spent some time trying to ...
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How are contracts affected if the client makes some of the work in the contract impossible?
This is a follow-up from How are contracts affected if some of the work in the contract becomes impossible?. In these examples, the work becomes impossible because of some voluntary action of the ...
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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 ...
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In Indiana, can an apartment complex force you to remove social media posts if they pertain to the management?
I've been told that if you disagree with the management of this particular retirement housing organization which operates a Housing and Urban Development (HUD) facility here in Indiana (United States),...
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How are contracts affected if some of the work in the contract becomes impossible?
Example 1: Say I'm given a contract to paint a house, and a few days before I am assigned to paint it, the house is hit by lightning and burns down, making my work impossible to complete. Do I still ...
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Could cryonics "resurrections" be enforced?
Cryonics is the practice of freezing a newly-dead body, for a fee, in hopes that death can be reversed and the terminal disease cured in the future. Whatever the medical improbability, let's imagine ...
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Discount code as a contract breach remedy?
Bob is a customer of Acme ltd., an online service provider (e.g. domain names, hosting etc.).
It's time for Bob to renew some of Acme's services he is using, so he logs in to his account and sees this ...
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2 questions about Xbox TOU and Microsoft Service Agreement
Microsoft Services Agreement
disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the ...
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What is the legality of signing someone up for a subscription without their permission?
Is it legal for a merchant to subscribe a person to a service, and start charging them periodically, without that person's explicit agreement?
For example, suppose Netflix happens to have your credit ...
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Which type of attorney should I consult for a complex case involving employment, contract, and IP law?
This question concerns another Stack Exchange question: https://workplace.stackexchange.com/questions/195267/agreement-made-at-hire-is-unenforceable-due-to-a-technicality-employer-refuses
What type of ...
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Why does a highschooler (in the US) who has turned 18 still need to have liability waivers signed by parents?
This is assuming that the waiver pertains to a school activity like a field trip.
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SIE export locked behind a paywall
I am based in Sweden under Swedish and EU laws.
Recently (during 2023) the accounting platform that I use converted their tiers from free to fee, during this transition they notified their users that ...
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Rights & Remedies Clause Cancels Arbitration Clause?
My Internet Service Provider TDS has a clickwrap contract. Two of the clauses seem to conflict. Does 12.3 give back a right that TDS gave up in 10.2? I'm bringing them to arbitration for other reasons....
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Could this be considered a breach of Contract
I entered into a contract to have my sewer line replaced, and in the acceptance of this contract, I stated that my homeowner's insurance was covering the cost. I told them in the acceptance email that ...
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Is a party entitled to a copy of a video of a document signing?
My wife and I signed documents ( doc-u-sign) via - they performed a video of us signing documents. As I’m signing these we were also talking to an employee that is in charge of this process .The ...
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What mandates "strict construction"?
Assuming there is a class of contracting parties which are allowed unilateral changes to contracts (e.g. landlords, banks, etc.) by law. Does that imply that such a law must be interpreted under &...
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Is it legal having two 40 hour jobs in 2 EU countries being non EU [closed]
I have a work permit in Sweden for 3+ years.
I have received a job offer from another EU country.
I want to work both jobs. Both jobs are 55k+ euro annually so I have no issues with minimum ...
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How do you value damages on missing features in a lease? [closed]
We leased a car that was supposed to have an auto starter. I have written correspondence of this and I believe it is in the paperwork for the lease as well. The car does not. The dealer is ...
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What does a court or arbiter use to define words and concepts that are not in a legal dictionary?
Let's say that I am given five thousand dollars to make a mural on some business's exterior wall with paintings of dinosaurs on it, those being the words in the contract, and in the painting it ...
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I traded in expensive phones to a cell carrier that falsely advertised service in my area, now they're holding my trade-in credit hostage [closed]
In Arizona. This large cell provider claims they have full coverage in my area, but there is zero. I took no action for months because I worked long hours away from my town and didn't realize the ...
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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 &...
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Can a manufacturer make using a product purchased secondhand constitute accepting a contract?
Say I buy a physical product secondhand from an individual for cash, with no particular terms attached to the transaction.
Then, say I visit the manufacturer's web site, and encounter a terms of ...
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What are the conditions (and implications) of entering an ostensible contract without capacity to do so? [closed]
A recent discussion touches in capacity to consent to forming contracts:
@gaazkam my answer
outlines the four required
elements a person must be
able to understand in order
to have the capacity to
...
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What are the most prominent differences among the common law systems of the different states in the U.S.A.?
I (tentatively?) understand that the law of contracts, the law of torts, the law of property, and (probably?) some other areas of law in the U.S.A. are mostly the common law of the separate states.
...
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If my neighbor hires a contractor to repair a shared fence without telling me, am I liable to help pay for it?
So, during one of the tornadoes in March of this year, the shared fence between my property and my neighbor's property was destroyed. My neighbor is a realty company that rents out the single-family ...
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Is there a "default" way to end a contract, particularly wrt mobile phones?
It is in the news that mobile phone companies are making it hard for people to cancel their contracts. In the "old days" this would have meant a letter to the organisation cancelling the ...
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Would a dealership be required to honor a car sale agreement made by their chatbot?
Recently, a Chevorlet ChatGPT-powered chatbot was tricked into stating that it would sell a car for only $1:
[BOT] Welcome to Chevorlet of Watsonville! Is there anything I can help you with today?
[...
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Could buying goods with the pre-formed intention of exercising one’s contractual right to change one’s mind to return/refund them attract legal stigma
Bob buys some things from a shop that allows purchases from it to be returned within 30 days with the receipt without any reason. Bob buys them with a ready formed intention to return them a few days ...
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Would this be considered a break in the Title Chain? [closed]
I completed an application for a mortgage loan and was approved. My sibling and I both agreed to be listed on the Deed.
On the application: Borrower Information is just my name, The Title to the ...
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Is there any case law which prove that two natural person sign a contract on two different day
Is there any case study of a natural two person can be signed a contract on different days
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Is a party to a contract who writes it using an LLM considered the author?
Bob is selling a vehicle to Alice. He asks ChatGPT to write a contract, and it does, for some reason, write it. (It has filters in place to prevent users from writing legal documents, but these ...
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Is a contract written by a language model valid?
If a language model like the GPT-4 model writes a contract, it would be valid?
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Does incorporation of open-source (GPL-licenced) software by freelancers violate Upwork T&C?
Some widely used open-source software is distributed under restrictive licences: for instance, the R language uses GPL v.2/v.3. This and other copyleft licences impose several obligations, such as the ...
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What is the situation when a computer "agrees" to a contract without the explicit knowledge of a human?
My understanding is that web site terms and conditions are a form of contract. To form a contract a "meeting of minds" must occur in many jurisdictions. There are many situations where a ...
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"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 ...
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Are we entitled the reward? And what do I do since they are refusing to pay?
This happened less than 5 days ago.
Someone stole a $90,000 truck about 2 weeks ago (according to the Facebook post) from another state. Another person came to me and Person B, wanting to sell a truck....
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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-...
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Can an employer legally help a line manager at an English Employment Tribunal but not tell their employee (claimant) they will do this?
The background
After enduring months of a stressful and toxic work environment marked by harassment, the employee then attended a probationary review (PR) meeting with their line manager.
During the ...
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Can meeting of the minds be premised on a dialog with an agent even though terms are accepted on a webpage?
Bob missed his flight from London Stansted, which he explained upon arriving at the airport to staff of an airline by its check in counter. The employee tells him his options for the order departures ...
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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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I had work done on my dentures, but they did not tell me the work was not coved by my insurance [closed]
I live in Nashville TN. I went to the dentist and had work done on my dentures.
They did not tell me that the work wouldn't be covered by my insurance, then handed me a bill before I walked out the ...
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Can a "You must use this property as primary residence for x years" clause be added to home-sale? Would it differ if the buyer were taking a loan?
My friend and I were discussing the problem of investment properties; a residence owned by someone but not actually their primary residence (the problem being market inflation and reduction of ...
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How much opportunity to review terms is necessary to form a contract?
Someone makes me a contract offer for, say, a health insurance plan. They set a deadline by which I must accept or reject the offer.
I inquire as to the full terms of the offer. They say that the ...
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is setting up customer company as a merchant processing agent and paying them with profits legal? [closed]
Say I am selling a service and I sign up a corporate customer for my services(Principal not employee). I then sign that customer to a contract as an agent under my company and the compensation is 30% ...
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In terms of contract law, what if the minor looks and acts older than their age and the other party assumes they are an adult? [duplicate]
what if the minor doesnt know that the other party thinks they are older? What if the minor doesn't know that the contract can be void?
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Can the subsidiary be a party to the contract signed by its parent here?
A contract is worded to state that it has been executed between Customer A and my Client B. The expression Customer A is further clarified: "which expression shall unless repugnant to the context ...
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Is Zero-Clause BSD legally binding?
Unilateral promises themselves are not legally binding, and donations do not constitute a valid contract, as these lack consideration (or "causa," a related concept in civil law). It's also ...
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Does redundant first party consideration nullify a contract?
Alice is saddled by many tens of thousands of debt to her bank. She is mostly overwhelmed by this and scarcely makes any effort to repay it for a decade, it being hardly within her ability to anyway. ...
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Are venture capital firms allowed to invest in more than one company in the same category?
If a venture capital firm is currently funding a company in category X, are they allowed to fund another company in the category X who are direct competitors? Would the first company be able to sue ...