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Typically the breach must be cured. If it is not resolved within a specific period of time, the other party may find alternatives and sue for breach.
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They have not followed our written agreement and I would like to get my vehicle back. What can I do to get it back?
A written contract is easy to enforce. You must follow any guidelines stated in the contract once the breach of contract has been done. If it is a simple matter of they have not paid for the car as stated in the contract you can demand payment in full and if they don't pay in full reposess it. If it is a case of sellers remorse then there's nothing you can do. You may need to file a lawsuit for breach of contract depending on how they breached your written contract. An attorney can help you make sure you are doing everything legally.
Is it a breach of contract if there is no specification of date to perform in the contract?
if there is no date specify this does not mean there is a breach. for a breach to occur one of the parties to a contract must not have fully performed their obligations. if there is no date specified in the contract the courts will apply a reasonable date
Is it legal for the tenant to hold your deposit till the lease contract is finished even if the contract is broken?
If the tenant broke the lease via a material breach, the tenant may forfeit his security deposit. However, if the landlord has breached the lease, he must return the full security deposit.
Can a girlfriend sue a boyfriend for breach of contract if no contract was ever involved?
no there must be a contact involved
What are the elements of the tort of intentional interference with contractual relations?
Intentional interference with contractual relations occurs when the defendant directly persuades a third party to breach a contract with the plaintiff. There are four elements: 1. The defendant must know that the contract exists, but they do not have to know the details. 2. The defendant must intend to cause the third party to breach the contract, but they don't have to intend to harm the plaintiff. 3. The defendant must actually cause the third party to break the contract. This is distinguished from simply encouraging the third party to breach the contract. 4. The plaintiff must suffer a loss as a result of the breach.
Does delay of time for performance lead to breach of contract?
No, normally there is no expectation of a time limit on the performance of a contract. If there is, it must be negotiated at the time the contract is formed
What are the essential elements of a tort?
The essential elements of a tort are a legal duty owed by one person to another, a breach of that duty, and harm or injury caused by the breach. This harm must be directly caused by the actions of the person who breached the duty.
In determining legal negligence the following four elements must be present duty breach of duty damages and?
duty owed duty breached proximate cause damages
What Two key people are required for every contract?
The promisor and promisee. What could potentially be the plaintiff and defendant in civil litigation for breach of contract. There must be mutual assent by the parties and there must be an offer and acceptance.
How do you collect on a purchase agreement that is delinquent?
You must have a valid contract in order for it to be legally enforceable. If the other party breached the contract then you need to file a lawsuit in a civil court of equity in order to recover damages.
Sign a contract to have resurface but company did next door neighbor?
The company is liable as per the contract. They must fufil the contract they established with you the contractee in full, regardless of mistakes they made. If they try to refuse, they are in breach of contract, and are liable to law suit.
What are the procedures for dealing with different types of security breaches within the salon?
The first step when dealing with a security breach in a salon would be to notify the salon owner. After the owner is notified you must inventory equipment and records and take statements from eyewitnesses that witnessed the breach. Clients need to be notified that confidentiality has been breached so they can take measures to protect their information. As these tasks are being performed, the police should be called.
