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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

Meaning of Capacity of Parties in Indian contract act?

section 11 lays down that "every person is cpmpetent to contract who is of the age of majorityaccording to law to which he is subject, and who is ofsound mind and is not disqulified from contractingby any law to which he is subject"

What is the penalty for misrepresentation?

It depends on the type of misrepresentation:

Innocent misrepresentation: rescission of contract and restitution if possible

Negligent: rescission or possibly damages

Fraudulent: damages and possibly action in tort law

When a contracting party transfers rights to a third party this is known as a delegation?

Delegation of rights, Assignments of Rights, Power of Attorney, Appointment of Agent; are all terms used to describe this same thing (theory).

Is an email a verbal contract?

A verbal contract is one in which the agreement (i.e., contract) is made by the spoken word, not the written word.

Generally no, but this is changing as more businesses use electronic communications to create email contracts that are binding. Because it cannot be proven that the person who transmitted the e-mail and/or received it are, in fact, the principals to the agreement, or not. For contractual situations it is always preferred to execute a document with notarized signatures.

What is the crime of billing without invoices?

Billing without invoices typically refers to the practice of charging customers for goods or services without providing a formal invoice as documentation. This can lead to issues of transparency and accountability, potentially resulting in disputes over charges and payment legitimacy. In some jurisdictions, this practice may be considered fraudulent or deceptive, especially if it is done intentionally to evade tax obligations or mislead customers. Overall, it undermines trust in business transactions.

Define Rule Of Law?

Well basically they are "Laws made should govern all and that no one is above said laws"

Does the failure to read a written contract void that contract?

No. If you're going to sign a contract you must read it thoroughly. (Repeatedly if needed)

What does honored in the breach mean?

A ruele or regulation often ignored than observed

What are the practical and legal implications of ambiguous and vague terms of an offer?

Vagueness is unavoidable

While this essay will show that vagueness is often used as a tool by the state to manipulate and control citizens, when it comes to creating laws, it cannot be avoided[2] or, some claim, it has some usefulness. For example, there is no way to precisely define what "pornography" or "indecency" mean. Yet, most citizens feel that there should be some protection against children being exposed to such "overly explicit" sexual material.

Then, if such laws must be on the books, rather than to try to remove the vagueness, it might be better to leave the statutes vague and let the judges sort it out.

Once a contract is signed can the dealer increase the price and void your original contract?

If you have both signed the contract and it is legally valid, then NO, the seller cannot change the terms of the contract or unilaterally void the contract (unless the contract states that the seller is allowed to do this).

If you are in doubt, you need to talk to a lawyer ASAP.

Your contract is up on your Alltel contract Should you get a new phone now or wait and see what is going to happen with Verizon?

depends on what you want Verizon is vary good on signal wise so is at&t depends on what phone you want well Verizon is quite expensive if you want the touch screen phone with lot of minutes and plus text and Internet my grand mother pays 40 dollars a month that's just 400 minutes alone with a regular phone at&t is good signal wise and their phones are cheap with a 2 year contract but their not good with their minutes and my mom was planing to get them shes paying 75 dollars a month with her blackberry after all i really like tmobile because their sidekicks they have 40 bucks a month 1000 minutes when ever but you see their signal strengh is not reliable kinda gets me mad because I'm out side and i get like 2 bars so after all its up to you

Social contract and its underlying assumptions according to Bruce waller?

1. Radical individualism

2. Narrow obligations

3. Choosing morality

4. Those outside the social contract

You are trying to get out of your lease Under the amendments to the lease section says This lease will not be in effect until all pymts are made you have not made all the payments Is your lease valid?

What payments are you referring to? It sounds as if the clause refers to the preliminary payments that are often secured PRIOR to allowing the tenant to move in and the lease actually going into effect (i.e.: security deposit - pet deposit - utility deposits - etc). If you've been living there and the payments you are referring to are your rental payments - too late - the lease is already in full effect.

Is a co-writer collaboration agreement contract voided if there is no ending date on it?

No, a co-writer collaboration agreement contract is not voided if there is no ending date on it. A local attorney who knows the laws of your state, would be able to help you find a way to void the contract.

What happens to an offer if no time limit for acceptance is mentioned in the offer?

if no time for acceptance is stated in the offer, it must be accepted within a reasonable time. otherwise, no contract exists. what is a reasonable time depends on the circumstances.

Can a judgment in New York be enforced in North Carolina?

For the right amount of money, the right lawyer can convince any judge anywhere of anything. The OJ Simpson trial proved THAT. Get a good lawyer in NC and throw a heap of righteous coin at 'em and see what you can get.

When can you prepare a contract?

you can prepare a contract if and only if there is a valid offer and an acceptance supported by a consideration. in proerty law you prepare a contract at the completion of offer acceptance, investigation of title and exchange of sale price.

Explain the element of an effective offer?

In order for the offer to be effective, the offeror must have the proper intent. This means that the offerer's intention must be to make an offer and not merely to start the bargaining process. For example, if John tells Mary, "I'd like to purchase your car for $2,500. How would you like me to pay?", then there is no mistaking his intention of wanting to purchase the car at the stated price. On the other hand, if he states, "I'd like to purchase your car, how much are you willing to sell it to me for?", then he is simply attempting to start the bargaining process.

The second requirement for an offer to be valid is that it must be communicated to the offeree - generally in a manner that the parties have agreed upon during the negotiation phase, if any. For example, if John had sent over a fax to Mary indicating that he is willing to purchase her car for $2,500 but does not follow up with her to confirm that she has received the fax, then no effective offer exists until Mary has looked at the fax.

The third requirement for an offer to be effective is that the offer must be definite. In essence, the terms of the offer must be definite. For example, if John tells Mary, "I'll pay you $2,500 in cash for your car right now and I need you to sign the title over to me today. I'll meet you at your apartment at 10 AM.", then he is making a definite offer and his intention is unambiguous. On the other hand, if he were to say "I would like to purchase your car at a fair price, in the near future", then he is being ambiguous and his offer is not effective since there is no mutual agreement as to what a 'fair price' is or how the 'near future' is defined.

What achievements and skills do you think will be useful in this job?

a highly motivated customer service, the way you treat with customers, how fast with accuracy you do your job to acheive your goal.

Can a signed contract override or usurp your inalienable rights?

Yes. You can give up any of your rights as a matter of contract law.

There are in fact still states in the US where indentured servitude is permissible to eradicate a debt. There goes liberty.

You can sign off rights to a second car not covered in the contract for the one you took the loan out for; this is called conversion of collateral. There goes property.

In some states, such as Oregon and Washington, you can sign a contract that lets another unplug your ventilator and let you die, even if you are not terminally ill or permanently incapacitated. There goes life.

You can sign a nondisclosure contract with an employer so that you do not share corporate secrets. There goes speech (I know, not inalienable, but "life, liberty, and property" are not the limit).

It's all a matter of the language used in the contract.

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