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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
Who should sign a contract first the person drafting or the person providing the service?
I have heard that the party (1st Party) who drafted the agreement can request the other party (2nd Party) sign first, then countersign and return a copy to 2nd party.
What does by on a signature line mean?
Your question is categorized under Bankruptcy Law. Without knowing the nature of the document to which you refer, it would be impossible to give an accurate answer. A guess might be that the person signing on the 'By' line is either a person (such as a judge) who made an Order of a Court, or a person authorized to sign on behalf of the person who made the Order. If someone signs a letter on behalf of someone else, 'per' is the term most frequently used.
What are three types of adherents?
- A supporter of a cause or individual.
- A glue
- A binding by a contract or agreement.
What is required for a law not to be too vague?
It should be written in clear understandable language. However the legal profession is overly-represented in the legislative branch and this self-evident truth is not always adhered to.
Yes, but more specifically, a law must be clearly written enough that both regular citizens can read it and know what is permitted and what is forbidden (so they can avoid being arrested) and the law must also be clear enough so that police officers who are told to enforce the law will know when to arrest people and when to leave them alone.
How do you find transportation providers contracts?
i set up a transportation company, I'm looking for providers in non emmergency medical transportation.
In Insurance yes, it's a contract of adhesion. In other contracts - ask and see what happens. What do you mean by termed? If it's take it or leave it, you can take it or not. If you take it, there's a contract, if not, there is no contract. For more info see
How do you say contract in Spanish?
contrato you could also use a translator http://translate.google.com/translate_t#
Define remoteness of damage in contract?
Remoteness in contracts refers to when breach of contract results in the loss of an anticipated gain arising from a separate transaction.
What is meant by the term 'rule of law'?
In layman's terms it means a widely held respect for the laws of the land and the willingness of a whole community or nation to enforce and abide by those laws. It doesn't refer to a police state; people should still be free to change the law according to the needs of the people. But 'rule of law' represents what should be the 'mind of the people' when it comes to order and the common good. it meant that even if you were rich or powerful or weak or poor you have to obey the law
I believe it's called arbitration.
Depending precise process used, it may be (1) the assistance of an informal intermediary; (2) conciliation; (3) mediation; or (4) arbitration.
Ready delivery contracts are also called as?
Such contracts are settled within a short period of time .
Usually the period allowed is twelve days and the settlement takes place on
on the following settlement days .No postponement is allowed in case of ready delivery contracts.
(SONA.P)
Factor that can validate and invalidate a binding contract?
Factors that can validate a binding contract are signatures from all parties and a fulfillment of obligations. A factor that can invalidate a binding contract is undue stress caused as a result of the contract.
Can a company automatically renew your contract after the initial period has expired?
Yes, depending on what you agreed to when you made the initial agreement. Many service providers include an automatic renewal clause in their contracts. If you don't want to renew you must take some action to cancel the agreement. You need to review the original agreement.
If your lease expires and you are now month to month is that considered an oral or written contract?
It depends on whether there is a clause on the lease which states it automatically is renewed unless notice is given by either party to its termination.
What is an agreement in principle?
An agreement in principle is a legally enforceable agreement between parties which identifies the fundamental terms which are intended to be or are agreed upon.
Can you get out of a contract that you signed if it included no cooling off period section?
You need to check to see if there is an early termination clause in the contract to determine if it is possible to terminate the contract for a fee. Early termination fees are frequently found in cell phone contracts, gym memberships, leases and other types of long term contracts. If there is no early termination option you may be bound by the terms of the contract and should consult with an attorney about the possibility of getting yourself out of the contract. An attorney may find something in the contract that could be negotiated.
An offer is extinguished by being withdrawn, if possible, or by being rejected.
What is the reasonable bystander test?
The reasonable bystander test is a legal standard used to assess whether a person's conduct in a particular situation would be considered inappropriate or negligent from the perspective of an average, reasonable person. This test helps determine liability in cases of negligence by evaluating how a typical bystander would perceive the actions in question. It emphasizes objectivity and societal norms rather than the subjective views of the parties involved. Ultimately, it serves to establish a baseline for acceptable behavior in various contexts, including tort law and workplace disputes.
Heart
How must a sealed contract be executed?
Contract must be properly signed and witnessed as to make it enforceable to all parties
Is a co borrower the same as a co purchaser?
No. They are not interchangeable.
Two people who buy an item are co-purchasers and also co-owners.
Two people who sign a note to borrow money to pay for the item are co-borrowers. A co-borrower is not necessarily a co-owner. A co-borrower could be someone who agrees to help the purchaser obtain financing to purchase the item.
No. They are not interchangeable.
Two people who buy an item are co-purchasers and also co-owners.
Two people who sign a note to borrow money to pay for the item are co-borrowers. A co-borrower is not necessarily a co-owner. A co-borrower could be someone who agrees to help the purchaser obtain financing to purchase the item.
No. They are not interchangeable.
Two people who buy an item are co-purchasers and also co-owners.
Two people who sign a note to borrow money to pay for the item are co-borrowers. A co-borrower is not necessarily a co-owner. A co-borrower could be someone who agrees to help the purchaser obtain financing to purchase the item.
No. They are not interchangeable.
Two people who buy an item are co-purchasers and also co-owners.
Two people who sign a note to borrow money to pay for the item are co-borrowers. A co-borrower is not necessarily a co-owner. A co-borrower could be someone who agrees to help the purchaser obtain financing to purchase the item.
Trivial Breach - Unimportant altercations to a contract that don't affect the outcome or discharge one party from its prior obligations. ie) shipment arrived a day late
What is IRS definition of an employee vs contract labor?
[[ This material has been plagiarized directly from a webpage of the US Treasury. However, since this material was published by a government entity, this is a legal plagiarization. Totally uncreative cheesy cut-and-paste, but legal. ]] Corporations | International Businesses | Partnerships | Small Business/Self-Employed
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It is critical that you, the employer, correctly determine whether the individuals providing services are employees or independent contractors. Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. You do not generally have to withhold or pay any taxes on payments to independent contractors. If you are an independent contractor and hire or subcontract work to others, you will want to review the information in this section to determine whether individuals you hire are independent contractors (subcontractors) or employees. Before you can determine how to treat payments you make for services, you must first know the business relationship that exists between you and the person performing the services. The person performing the services may be - * An independent contractor * An employee (common-law employee) * A statutory employee * A statutory nonemployee In determining whether the person providing service is an employee or an independent contractor, all information that provides evidence of the degree of control and independence must be considered. Common Law Rules Facts that provide evidence of the degree of control and independence fall into three categories: # Behavioral: Does the company control or have the right to control what the worker does and how the worker does his or her job? # Financial: Are the business aspects of the worker's job controlled by the payer? (these include things like how worker is paid, whether expenses are reimbursed, who provides tools/supplies, etc.) # Type of Relationship: Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business? Businesses must weigh all these factors when determining whether a worker is an employee or independent contractor. Some factors may indicate that the worker is an employee, while other factors indicate that the worker is an independent contractor. There is no "magic" or set number of factors that "makes" the worker an employee or an independent contractor, and no one factor stands alone in making this determination. Also, factors which are relevant in one situation may not be relevant in another. The keys are to look at the entire relationship, consider the degree or extent of the right to direct and control, and finally, to document each of the factors used in coming up with the determination. Form SS-8 If, after reviewing the three categories of evidence, it is still unclear whether a worker is an employee or an independent contractor, Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding (PDF) can be filed with the IRS. The form may be filed by either the business or the worker. The IRS will review the facts and circumstances and officially determine the worker's status. Be aware that it can take at least six months to get a determination, but a business that continually hires the same types of workers to perform particular services may want to consider filing the Form SS-8 (PDF). Employment Tax Obligations Once a determination is made (whether by the business or by the IRS), the next step is filing the appropriate forms and paying the associated taxes. * Forms and associated taxes for independent contractors * Forms and associated taxes for employees Misclassification of EmployeesConsequences of Treating an Employee as an Independent Contractor
If you classify an employee as an independent contractor and you have no reasonable basis for doing so, you may be held liable for employment taxes for that worker (the relief provisions, discussed below, will not apply). See Internal Revenue Code section 3509 for more information. Relief Provisions
If you have a reasonable basis for not treating a worker as an employee, you may be relieved from having to pay employment taxes for that worker. To get this relief, you must file all required federal information returns on a basis consistent with your treatment of the worker. You (or your predecessor) must not have treated any worker holding a substantially similar position as an employee for any periods beginning after 1977. See Publication 1976, Section 530 Employment Tax Relief Requirements (PDF) for more information. Misclassified Workers Can File Social Security Tax Form
Workers who believe they have been improperly classified as independent contractors by an employer can use Form 8919, Uncollected Social Security and Medicare Tax on Wages to figure and report the employee's share of uncollected Social Security and Medicare taxes due on their compensation. See the full article Misclassified Workers to File New Social Security Tax Form for more information. References/Related Topics * Worker Classification Webcast
A critical issue for all businesses is properly classifying workers as employees or independent contractors. The IRS's archived Tax Talk Today Webcast, "What's Hot in Employment Taxes: Independent Contractor or Employee?," focuses exclusively on worker classification issues. * IRS Internal Training: Employee/Independent Contractor (PDF)
This manual provides you with the tools to make correct determinations of worker classifications. It discusses facts that may indicate the existence of an independent contractor or an employer-employee relationship. This training manual is a guide and is not legally binding. * Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding (PDF) * Publication 15-A, The Employer's Supplemental Tax Guide (PDF) has detailed guidance including information for specific industries. * Publication 15-B, The Employer's Tax Guide to Fringe Benefits supplements Circular E (Pub. 15), Employer's Tax Guide, and Publication 15-A, Employer's Supplemental Tax Guide. It contains specialized and detailed information on the employment tax treatment of fringe benefits. * Businesses with Employees * Hiring Employees * Who Is Considered Self-Employed? Note: This page contains one or more references to the Internal Revenue Code (IRC), Treasury Regulations, court cases, or other official tax guidance. References to these legal authorities are included for the convenience of those who would like to read the technical reference material. To access the applicable IRC sections, Treasury Regulations, or other official tax guidance, visit the Tax Code, Regulations, and Official Guidance page. To access any Tax Court case opinions issued after September 24, 1995, visit the Opinions Search page of the United States Tax Court.
Page Last Reviewed or Updated: April 17, 2009
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