Contract Law

It is a major common law case that basically says that you can't presume someone has accepted your offer because they haven't made a reply or are silent.

The case: John Felthouse offered to sell his horse to his uncle Paul Felthouse for 30guineas. His uncle made a counter-offer saying "I will buy your horse for £30:15s; If I hear no more about him, I consider the horse mine at £30 and 15s."

However by the time Paul replied to his nephew, the nephew had already given the horse to an auctioneer to sell. So when John found out that his uncle now wanted it, he went back to the auctioneer to say "don't sell my horse, I want it back to sell to my uncle". But unfortunately it was to late; the horse had been sold to Mr Bindley.

So the uncle then took Bindley to court for conversion (having property which doesn't belong to you, kindof). The uncle claimed that he owned the horse as he thought the horse was his because his nephew John didn't say otherwise, so demanded that Bindley give it to him.

Judgement: The judge rules that the horse did not belong to Paul Felthouse as his nephew had not accepted his new offer of £30. He stated "silence cannot amount to acceptance".

Therefore because John had agreed to sell his horse in an auction, regardless whether he would later regret the agreement, Bindley had rightly bought the horse from John and did not need to give it back.

rules of acceptance

I recently had a non-comp drafted for me by a lawyer. His answer to this was "no".

The court will almost always side with you on this as it constitutes undue restriction on your profession There is a legal document you've signed, and you can be sued, but any seasoned lawyer could have it thrown out.

Just be careful about revealing trade secrets or other unethical behavior, this will get you slammed. I would recommend talking to the company that is looking to hire you about their willingness to defend you in court as well as what it is they want from you. Is it you they are after, or is it what you know? Did you have access to sensitive information? All this will be factored in when in court, but if you act honorably, you should be fine.

21

dunnoo

Repudiation is an act, intention, or threat of disowning or rejection of an agreement already accepted or agreed to. Repudiation amounts to a breach of contract where the refusal to perform is clear or patent, and where it goes to the heart of the contract. Refer to link below.

They are taking all of my check for 6 weeks. So I won't get a check for 8 weeks. I need to know what should I do? Quit?

The first thing to do is read and understand exactly what is in the contract. The second is to read the consumer protection laws for the state/country in question. In many cases the laws specify a minimum level warranty and/or damages that must be provided, regardless of what the contract says. The other is that the laws or the contract doesn't apply in cases of gross negligence or malice. Depending on the amount of damages in question, it might be worth discussing with an attorney in your area.

Yes, in general, if money is paid under a void contract it must be returned. For example, if a minor voids an optional contract for which money has been paid to a minor, the money must be returned to the minor. The minor may be required to return anything of value received under the voided contract.

Yes, an oral contract can be enforced. And if the services have been rendered, the court will not allow them to be unjustly enriched.

private

8.75

Yes, Nebraska has a law creating a "3-Day Right of Rescission." However, the statute protects only consumers who were sold the product at their home. That is, it covers only traditional door-to-door sales, like vacuums and encyclopedias. See Neb. Rev. Statute 69-1601. It does not give consumers a 3-Day right to rescind the contract or purchase in any other context.

Secondary water standards, established by the U.S. Environmental Protection Agency (EPA), are non-enforceable guidelines intended to protect the aesthetic qualities of drinking water, such as taste, odor, and color. Unlike primary standards, which are legally enforceable and focus on health-related contaminants, secondary standards serve more as recommendations for utilities. While they are not mandatory, water suppliers often strive to meet these standards to ensure consumer satisfaction and maintain public confidence in water quality.

partial

A multi-stage contract is an agreement that involves multiple phases or stages of work, each with its own specific deliverables, timelines, and payment terms. Typically used in large projects, this type of contract allows for incremental progress and evaluation, enabling adjustments based on performance and outcomes at each stage. This approach helps manage risk and ensures that both parties can assess the project's viability before committing to subsequent phases.

Yes

you can use a proportion when you are baking because the recipe you are using might be only for lets say 13 but by using proportions you can get your recipe to serve 26 or more.

Yes, errors can keep you from financing the vehicle and they could take the car back if there is no financing. It is in your best interest to read the contract carefully and get full details on the changes made before signing a second time. If numbers have changed and they have upped the price, you can walk away.

Most likely but that is illegal

No, there is no problem with that. In most cases there are going to be two copies of a contract. Each party is going to want an original to use if they have to go to court.

The ordinary method of compensating Is plaintiff In an action for breach of contract is to put him in the position he would have been in if the contract is had been performed by giving him the" Value of what the defendant promised to confer on him-His expectation interest. The Court may.On the other hand seek to put him in the Position he would have been in if he had never entered into a contract with the defendant by restoring to him those expenses incurred in reliance on the defendant`s promise to perform-hus reliance interest. The English Courts have paid a little heed to the difficulties created by alternative modes of compensation. It is to be regretted there fire that in that case in which Such difficulties were very much to therefore,the the court if Appeal didn't see fit tho resereve Judgment And more Fully consider To the Questions.