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Contract Law
Law covering the establishment, administration of contracts (legally enforceable agreements), the rights and obligations of those entering into contracts, the validity of contracts and disputes over contracts.
2,211 Questions
Can you void a contract if there is no date on it?
One of the necessary elements of a written contract is that it be dated. Without it being dated, the written contract is void as a matter of law. (this will not stop some sap judge from ruling contrary to law-they do it all the time.) The court will look to the other elements of a contract to decide what to do. If there has been offer, acceptance, consideration paid, reliance and performance by both parties during the course of the contract- another words, all the other elements of a contract are present including legality of purpose and capacity of the parties, then the court may very well rule that the contract is enforceable despite it not being dated. Doctrines of such things as unjust enrichment come into play.
There are cases in the courts of several states relating to this very question. In New York and Massachusetts for example, courts have upheld that "e-mails sent by parties or their agents in connection with a real estate sale, upon which the defendant had typed his name or which contained a salutation consisting of the defendant's name, satisfied the requirements of the statute of frauds and resulted in the formation of a contract". Other states are leaning is this direction also.
These cases suggest that the following language be added to emails:
"may not form the basis of a binding agreement unless and until incorporated into a separate, mutually acceptable, written agreement signed by the parties".
If a broker or agent is initiating or transmitting the e-mail, they may also want to include a statement that "the broker or agent has no authority to bind their client and any terms must be incorporated into a separate, written agreement signed by their client to be enforceable".
Difference between condition a warranty?
Condition
A condition is a term (oral or written) which goes directly 'to the root of the contract', or is so essential to its very nature that if it is broken the innocent party can treat the contract as discharged. That party will not therefore be bound to do anything further under that contract.
Warranty
A warranty is e term of the contract which is collateral or subsidiary to the main purpose of the contract. It is therefore not so vital as to affect a discharge of the contract. A breach of warranty only entitles the innocent party to an action for damages; he cannot treat the contract as discharged.
Both conditions and warranties are terms in a contract and it is for the court to decide in each contract whether, having regard to the intentions of the parties, a term is a condition or a warranty. The importance lies in the remedy in the event of breach.
What makes a contract invalid?
A contract can be vitiated if there are any illegalities within it, if it is unsigned, if there are any errors, if it has been signed under duress or is misrepresentative in any way,shape or form.
Is a binding contract should be in writing?
All contracts should be in writing in order to make them easily enforceable. If not in writing you need to have convincing evidence to cause a judge to find that a contract existed and it was breached. That is not always possible.
The Statute of Frauds provides that certain agreements, especially those that affect real estate and wills, must be in writing. In the United States every state has a version of the Statute of Frauds, which is based on a 1677 English law.
For many people, a regular cell phone plan isn't always the best option. Luckily, there is another choice. A no contract cell phone plan is a great option for people who want an alternative to a regular cell phone plan.
A no contract cell phone plan means you pay for your minutes in advance. Usually, this is done by purchasing airtime cards that you load on to the phone. You can purchase as many minutes as you feel you need. This gives you a great deal of control over your cell phone costs. The phones associated with no contract plans are usually affordable as well.
As the name suggests, no contract cell phone plans require no commitment. You can sign up for a plan and cancel it whenever you wish. There are no two year contracts or anything like that. You also don't need to worry about credit checks. People with poor credit can get a no contract cell phone plan without having to worry about deposits or inquiries. This makes a no contract cell phone plan a great idea for those looking to build credit, people looking for minimum cell phone plans, and teenagers.
A contract can be valid if the person is a minor?
Under Sec. 3 of te Indian Majority Act, 1875, a minor is a person "who has not completed the age of 18 years of age". If a guardin for his person or property is appointed before he attains the age of 18 years of age, then the minority of that minor extends until he attains the age of 21 years.
Section 11 of the Indian Contract Act, 1872 prescribes that "a minor is not competent to contract" Therefore, any contract entered into with a minor is void ab initio(= from the beginning) and hence unenforceable in a Court of Law. It was held in Mohari Bibi vs. Dharmadas Ghosh, that "A contract by aminor is not contract at all" In fact, it cannot be ratified by the minor on his attaining his majority age.
M.J. SUBRAMANYAM, XCHANGING TECHNOLOGY SERVILCES LTD.
Discuss the statement that All contracts are agreements but agreements are not contracts?
An agreement is one part of a contract. That is, you and the other party agree to certain terms. In order for a contract to be legally binding, in addition to the agreement, you must also have:
- an exchange of consideration - BOTH parties must "give" something to the other in exchange;
- Intent to create legal relations - both parties must intend for the contract to be legally binding;
- Both parties must be certain about what they are doing and there must be no important questions left unanswered.
If any of these things is not true, then there is no contract. Please bear in mind that I just summarised 800 years worth of judicial history into one paragraph. As I say in all these answers - go see a lawyer.
What are the disadvantages of litigation?
Usually involves a lengthy and time-consuming outcome, plus the expense of litigation before the court involving attorneys and, possibly, expert testimony.
Legal age in Florida to sign a contract?
The legal age to contract is 18. Yes, they can be held to the contract.
Can parties form a contract without putting it in writing?
It is possible to be held to a contract that you have not signed. If you talk to someone about getting certain goods from them, and they deliver the material to you, you accept the delivery, you are going to be required to pay for them.
It is exactly what the name implies. A services contract is a contract where one of the parties is providing a service. For example, you probably have a contract with you cell phone provider for phone service and another services contract with the company that provides internet service to your home.
Differences between a futures contract and a forward contract?
There are 3 different types of forward pricing: (1) Forward contracts (which include cash forward contracts, minimum price forward contracts and deferred pricing contracts) (2) Futures Contracts and (3) Option Contracts.
A forward contract is an agreement between two parties to buy or sell an asset at an agreed future point in time. The trade date and delivery date are separated.
A futures contract is a standardized forward contract that is traded on an exchange, like SAFEX.
Other than forward contracts, futures contracts are not linked with specific buyers. The intermediary between buyers and sellers is a clearing house that ensures that contracts held for delivery are fulfilled.
Options contract convey the right, but not the obligation, to buy (call option) or sell (put option) at a specified price during a specified period of time. The good traded in the market is not the actual commodity, but a futures contract. The farmer will receive a futures contract, which will carry an obligation to buy or sell at some specific future date, if he/she chooses to exercise the option.
How many days in the state of Nevada do you have to cancel a contract for a membership?
NRS 119A.410 Right to cancel contract of sale.
1. The purchaser of a time share may cancel, by written notice, the contract of sale until midnight of the fifth calendar day following the date of execution of the contract. The contract of sale must include a statement of this right.
2. The right of cancellation may not be waived. Any attempt by the developer to obtain a waiver results in a contract which is voidable by the purchaser.
3. The notice of cancellation may be delivered personally to the developer or sent by certified mail, return receipt requested, to the business address of the developer.
4. The developer shall, within 15 days after receipt of the notice of cancellation, return all payments made by the purchaser.
(Added to NRS by 1983, 982; A 1985, 1141; 1987, 894; 2003, 984; 2007, 1549)
If it is within the rescission period, you can cancel the timeshare contract. Typically, it ranges from 3 days to 2 weeks.
Almost all states adopt this law of rescission period. Also called cooling-off period. Although this varies from state to state, it usually ranges from 3 days to 2 weeks.
What is preexisting contractual duty?
A preexisting contractual duty is a common law rule of contract. It is wherein a party's offer of a performance already required under an existing contract is an insufficient consideration for modification of the contract.
When an party competent enter into a contract?
A person's capacity to enter into a contract refers to the legal ability of a person to enter into a contract. It also means that they can mentally understand the terms of the contract. visit our website to know more link in bio.
Can a wife make a binding agreement on the joint property?
No. She would need her husband's written consent to make the agreement binding. All the owners of the property must sign.
What is the difference between unilateral and multilateral contracts?
When the party to whom an engagement is made, makes no express agreement on his part, the contract is called uni-lateral, even in cases where the law attaches certain obligations to his acceptance. A loan of money, and a loan for use, are of this kind.
What are the methods of discharge of contract?
Contracts can usually be discharged by:
- performance
- frustration (ie. impossibility of performance)
- repudiatory breach
- subsequent illegality
- avoidance by one side, where they are entitled to do so
The emabargo act.
The slave trade act.
The insurrection act.
What can be done if contractor does not complete work on proposed contract?
They do not get paid, and if it is made public that they did not finish their work, they will not be hired again to do any work and will be unemployed.
In NJ, the courts will only enforce an agreement if it is in writing or recorded in a specific way. Other states courts may still enforce verbal agreements, and in general, if you want to enforce an agreement, you must at least be able to prove the agreement existed. Different kinds of evidence or testimony will have different weights and it all depends on convincing the judge. Some judges are easier to convince than others. A good lawyer is one whom the judge favors.
You can sometimes convince the other party to cooperate with a simple letter from a lawyer, thus avoiding the costly and time consuming process of suing. You can do this whether or not you have any evidence, and if the other party responds in writing, then the response may be enough to prove the agreement.
How does breaking the copyright law affect businesses?
It depends what kind of business they're in. If they make money by creating, licensing, or selling copyrighted products (publishers, movie studios, record labels), they're in trouble if someone starts infringing on them. Printers and CD/DVD duplicators are also careful to ensure that the projects they're given aren't infringing. Small businesses, especially restaurants, can be put out of business by an ASCAP "sting" if they aren't properly licensing music being played in their establishments.
Law firms specializing in IP, on the other hand, think it's lovely.
If there is a conflict between a national law and a state law does the state law follow it?
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I am not a lawyer, however it is my understanding that federal trumps state law. This is what I was taught as a Real estate Broker. However, for a more specific answer, you would to give your question to a local attorney in your area as to how it applies to your exact context, because your question is very broad and general.
