Questions tagged [contract-law]
For questions about laws related to contracts, an agreement between two or more parties.
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What is a contract and what is required for them to be valid?
What is a contract?
What elements are required for validity?
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Are terms of service legal contracts?
Are ToS considered contracts in and of themselves, enforceable under contract/civil law?
Generally I'm talking about the Common Law systems in the major regions (UK, North America and Oceania). ...
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What effect does an event like the current Covid-19 pandemic have on contractural obligations?
Across the world, the current pandemic, and various government responses to it will impact on parties abilities to perform their obligations under a contract.
What are the legal implications of this?...
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Would what happened in South Park (human centipede) be legal?
There's an episode of South Park where buried in the terms and agreement of iTunes, you agreed that Apple could forcibly make you into a human centipede. See:
In the real world could this happen? ...
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When can an NDA be legally broken?
This question is purely theoretical, I promise.
Let's say a person signed a Non-Disclosure agreement under certain terms, and then, somehow, they witnessed an illegal act but were forbidden to report ...
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Is it necessary to state in a contract that if one part is found unenforceable, the rest still is?
I've seen in some contracts clauses stating something like
If a term or condition is found to be unenforceable, the rest of the contract still remains in affect.
Is this necessary? Unless ...
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Does contract formation require subjective "meeting of the minds"?
For a contract to be formed, it is said there must be a "meeting of the minds." Does this mean that the fact-finder attempts to ascertain the actual subjective intentions and understanding ...
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Indepdendent/Contractor vs Regular Employee
I was about to ask another question but think I should start at the basics. What exactly does it mean to be working as a contractor? Many jobs require you to sign some contract (e.g. non disclosure ...
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What if the user disagreed with the Terms of Service, but still registered on a website?
This is purely hypothetical, based on an anecdote told on a web design lecture a long time ago.
Most websites nowadays require you to click on a little checkbox that usually says I agree to the Terms ...
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Can men in various countries make pre conception child support deals?
Charlie Sheens are told to pay $50k a month for his child. What about before conceiving babies Charlie said, "Look, if I knocked you up, I would only spend $2k."
In theory, a girl may have to choose ...
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Can I sign legal documents with a smiley face?
The signature on my driver's license is a unique and identifiable smiley face :-)
I use this signature to sign all legally binding documents. A lot of the time, people reject it, and request an &...
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How to prove the genuinity/nongenuinity of a signature?
I'm not a law student, but I'm very interested in the topic and learning in general.
I got curious about contracts and signatures recently, so I wondered if there have been cases where contracts ...
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Getting paid by mistake after leaving a company?
Pretend someone worked at a company and was paid monthly. A month after leaving they are paid their severance, and should not receive any payment in the future.
A month later, they are contacted by ...
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GDPR - Is consent really necessary for contact form?
I am looking for an answer that is supported by the GDPR, so please try to quote GDPR parts as you answer.
The internet is on fire (developers especially) now that the GDPR is on strength. There are ...
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Confiscation of cellphones in public schools
School started today. I'm just reading the code of conduct about cell phone usage. It states that on first violation of the policy the device will be confiscated and held until a parent (me) comes to ...
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Does there really exist such thing as "no contract" when doing business with other party?
Sales persons are sometimes advertising their service as "contract free", so that they would get a better chance to convince you to sign up for their service. I guess the reason why this works is ...
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How are open source licenses valid without consideration?
I'm not a lawyer or law student in any capacity, but I've read in multiple sources that a contract is not valid unless there is consideration for both parties.
With this in mind, how can licenses for ...
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Is a contract valid if one of the party doesn't even read it?
You might think someone must be stupid to sign a contract without even reading it. Yet I see it happen all the time, when contracts are just too long and there's no time to read stuff you suppose you ...
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Contracts that require you to lie
This workplace question recently made it on the StackExchange hot questions list: Severance contract requires a lie. Is this enforceable?
Now, consider the following:
In most cultures, lying is seen ...
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Can a minor make a contract?
Some Policy requires all individuals with System X™ access to be contractually obliged not to press the Big Red Button.
X Corp only grants System X™ authorisation to people who bound by The Contract; ...
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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 ...
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Can a minor negotiate their own contract?
Let's say Jill wants John to sign a contract. John is a minor, therefore, John will have to get a cosignature from his mom Janet. John has some concerns about the contract, he knows that his mom Janet ...
user13525
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If a contract sometimes uses the wrong name, is it still valid?
I was given a contract, which at the top states my name and says "herein referred to as contractor" but in several sections of the body, it appears that there is a mistake where they use the word "...
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Is lying on a survey illegal?
If a survey is being done, either for scientific purposes or to collect information inside a workplace, is it legal to lie in it? For example if the workplace wants to know how many employees have ...
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If a minor enters a contract without the other party knowing about the age, and then the minor breaks a term, is it fraud?
A minor who signs a contract can void it at any time, which might cause damage to the other party. Let's consider this scenario:
A minor signs a contract with an adult online with neither party ...
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How to prove a party received a specific letter?
I signed up for a membership service with an HVAC company some time ago, and I've now decided its time to cancel my membership due to lack of use.
There isn't a nearby customer center where I live, ...
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What happens if two clauses in a contract come into conflict?
This is a hypothetical scenario, but hopefully it is appropriate for this board. Suppose that two people enter into a contract which contains clause A and clause B. Further suppose that, in general, ...
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What is the point of website Terms and Conditions?
I was considering answering How prominent must terms of service be?; when I was struck by a thought: what is the point of website Terms and Conditions anyway?
Clearly, if they form a contract and ...
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Signing vs initialing a contract
When should/are initials used, in the context of a contract? How are they different from a signature of a full name? Come to think of it, is it required that a person's signature be their first and ...
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Are emojis acceptable in contracts?
If I ✍️ a 📄 using emojis instead of words, does that affect the validity of the 📄?
Example:
Mary will only use the 🔑 to open the front 🚪 of John's 🏡 in order to feed his 🐈. Mary will feed the 🐈...
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Avoiding agreeing to, or amending, digital contracts
Say you are presented with a digital checkbox or a pin pad, a contract with some terms you do not genuinely consent to, and a business process of the counterparty that cannot proceed unless the box is ...
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Overriding offered contract acceptance methods with express written declaration
Bob would rather face the consequences of trespassing than pay for a license to occupy a privately owned parking spot.
He pulls into the lot which says “by parking here you agree to pay £10/hour.
Bob ...
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As an Iranian, can I sign an Independent contractor agreement, and work remotely for a US company from Iran?
Are there any restrictions for citizens of sanctioned countries to work remotely for US companies?
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Is a contract made through social media binding?
At my local college I've taken on a course about law and currently we are learning about contract laws and was curious about the binding nature of a contract.
Let's say there is a stock broker and ...
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How to gather Compelling Evidence to prove that business is fraudulent?
My friend's small business agreed to a one-month risk-free trial service from one Credit Card Processor company. However, she did not like the service, because it did not live up to verbal promises ...
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What type of lawyer would I need to help me deal with issues of academic misconduct?
What can stop a university from doing whatever they want and screwing students over in terms of accusing them of cheating, plagiarism, or a misunderstanding of professor authorization of essay re-...
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Why Offer Arbitration Opt-Out
As I understand it, in the United States there is no legal obligation for a company to offer its customers the opportunity to opt-out of their arbitration agreement. So why do some companies offer ...
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What is the significance of an invitation to treat?
I was just in a café and the menu board listed iced chai for £2.9 (hand-written, dry erase white board). When I went to order they charged me £4.6 on the machine. After posting it and realising what I’...
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In a contract what is the difference between indemnify and defend?
In a contract what is the difference between indemnify and defend? I often see them used together though I believe there is a subtle difference. If party x is to indemnify party y then x can't sue y. ...
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Is a contract allowed to have illegal / unenforceable clauses?
My understand of contract law in general, is that an illegal or unenforceable clause does not render the whole contract void, but rather that specific clause is essentially stricken out, as if it did ...
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When a contract is being analyzed in court, is it the understanding of the parties or the written contract that is to be established?
This is a difficult question to phrase so bare with me. From reading questions on this site, I understand that a written contract (e.g. a lease) is only a written record of the actual contract, that ...
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What does this "no waiver" clause mean?
In a resedential lease, what does this paragraph mean?
No Waiver. The failure of either party to insist in any instance upon the strict keeping, observance or performance of any provision of
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Is other party by law required to give you a copy of contract, if you don't have one, but he does?
I am helping a friend who has signed some documents for her business with a Credit Card Processor company. However, at the time of signing up for this service she forgot to ask for a copy of all ...
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What is a condition precedent?
Here is a Wikipedia definition, of something that must happen before something else happens, but I'm not sure how to apply it to the law.
Let's say that there is an angel investor that meets a ...
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Charging someone with theft of virtual currency
I've done some reading about gruesome tales of folks spending hundreds of thousands of dollars on video game currencies only to have their accounts irreversibly stolen or lost due to a bad in game ...
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How to interpret this paragraph from an MNDA in context with Ohio law?
The following paragraph was included in a Mutual Non-Disclosure Agreement template between two technology companies.
The Parties agree that the disclosing Party will suffer irreparable injury if ...
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Is there any point in having Force Majeure in a contract?
Isn't force majeure statutorily implied in every contract whether or not explicitly stated.
Further, is there any point in having a definition of force majeure as "including, but not limited to... - ...
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If a party says something about interpretation of contract, is it binding?
Contracts can be complicated and lots of companies prefer to use boiler plate. If someone is asked to sign a contract and then asks a question about it, does the answer given by the drafter have legal ...
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A believing ‘B to be not B’, and by implication someone else (not void) v. A believing ‘B to be C, mistakenly believing that C exists’ (void)
I can't grasp the distinction boldened in the quote below. How does
A believing ‘B to be not B’, and by implication someone else
differ from
A believing ‘B to be C, mistakenly believing that ...
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Loan contracts with very high interest: are they even legally binding?
Say the borrower agreed to a loan contract of repaying $250 for a $200 in 10 days. Obviously, that is a very high annual interest rate, and illegal in many places. First of all, did the lender just ...
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