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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

Is donation a contract?

No, a donation is, by definition, a gift. There is also the possibility of a "pledge", which is a promise of a future donation. Some pledges may be enforceable if they are obtained in exchange for a benefit. For example, "pledge tonight and get a copy of the video", would be an offer to enter into an enforceable contract.

What does except as provided herein mean when the following subparagraphs are a... b... c...may be used if both of the following conditions apply subpara. to c.1 2?

when do you use sub, subsections and subparagraph in the correct way, can you use them together and in what order to explain something when looking up something so you don't have to write everything down?

How do you get out of a cosigner contract?

You can't. You are just as legally bound as the primary signer on the contract and as such are obligated to satisfy the terms of the contract. That's why it's NEVER a good idea to be a co-signer.

Can a breach of contract clause be included inside a commercial contract?

Yes, it is quite common to include one or more breach clauses in commercial contracts. They can include, among other things, specific obligations of notification of a perceived breach, prescribed periods to cure the breach, penalties for specifically defined "material" breach, liquidated damages for breach, etc.

On the other hand, there are also "non-breach" clauses that are often included as well, defining actions that would otherwise become a breach, for example: force majeure (acts of god), waiver, disclaimer of warranties, and other terms that attempt to preserve or renew the relationship.

How do you garnish wages for unpaid rent when renter moved out with no notification which was required per signed rental contract?

You will need to take the tenant to small claims court and get a favorable judgment, then request wage garnishment, you will need to prove that the person will not pay otherwise and that you have tried other avenues like certified mail to reclaim your losses.

The two will probably not happen at the same time, once you get the judgment you can try to get the person to pay, then after all means are exhausted go back to court and request the garnishment. Judges are not quick to do it and you will need to do quite a bit of work, most people write off the loss and keep the deposits as compensation.

As a property owner the loss is deductible for taxes. sometimes more valueable than the rent itself.

Can one party unilaterally extend a contract without advise the first party?

There would be no meeting of the minds. And the first party would not know they had an obligation without notice.

How do you find out if and when theres a reading of a will?

The reading of a will is not a requirement in most jurisdictions. The executor of the estate can provide the specifics.

7What are the advantages of codification of the common law of contract and what are the obstacles?

The answer is; that's your assignment question, don't cheat - especially in writing.

If you are buying a used car how long do you have to keep it to cancel your contract if the car is not what you expected it to be?

If you drove it off the lot then you are past the point of no return. If not, check the laws in your state because some states give you three days only. Im sell cars in CT and you can cancel anytime with your deposit back unless you drove off the lot with it.

What is a exclusive Contract?

exclusive contract allow organizations to contrat with physician and/ or medical groups to provide specific services to the organizations.

What is the best contract ratio for tv?

Contrast ratio is the ability of a TV to change contrast on the set. At this point in time (and referring to HDTV's) at least 40:1 or better is probably preferred. I'm sure that'll improve as technology improves.

What does stranger to contract and consideration mean?

1. A stranger to the contract is an entity not party to a contract. It can also specifically refer to an entity seeking to deprive one of the parties the benefit of the contract, such as in the case of the business torts of tortious inference with contract or tortious interference with an advantageous business relation.

2. The unrelated concept of consideration is an element necessary for contract formation, in addition to mutual assent or offer and acceptance. It is defined as a bargained-for exchange; that is, an exchange of value between the parties, legally justifying the benefit of the contract accruing to the party. It can also take the form of a detriment incurred by one of the parties. There are alternative contract-law theories that can substitute for consideration under appropriate circumstances.

Why do commodity brokers use forward and futures contracts?

If the contract buyers use the underlying product, they use forward and futures contracts to eliminate market risk.

Say you are a manufacturer of breakfast cereal who will use 500,000 bushels of corn this year. If you buy corn only on the spot market, you have two worries: what the price will be when you need it, and whether there will be that much corn on the market this year. But by purchasing futures contracts you know what it will cost and when it will arrive.

If you're a farmer you'll use a forward contract to set the sale price of your corn, usually before you turn the key on your tractor to plant the new crop.

Why is it important to make a distinction between an employee and an independent contractor?

An employer can be vicariously liable for the torts committed by an employee while they are in the scope of their employment in certain situations. An employer will not normally be held vicariously liable for the torts of an independent contractor because of a lack of supervisory control.

What is the contract for she is?

The contraction for she is,is she's.

Red mange in pugs. Is the breeder responsible for vet bills or refund if there was no contract other than registration papers signed over to me?

If your puppy came to you with Red Mange (Demodectic Mange)then of course any reputable breeder should be responsible and either pay the bills or take back the puppy. The fact that your puppy has mange which is probably hereditary (therefore the female dog should not be bred from) suggests that you probably purchased from a puppy farm or not a reputable breeder and having no contract of sale would also suggest that. In which case you really would do better to report the breeder to the authorities and cut your losses. I am not a lawyer so don't know where you stand legally but wish people would do more research on where they get their puppies from, there are many good breeders out there and a cheap puppy from a puppy farm can end up being very expensive in the long run as I am sure you are finding out.

When is a contract breeched?

when the condition specified in the contract are not followed then the contract is said to be breached.



Does Florida code contain a heart balm statue for breach of contract to marry If yes can you please give you a citation on it?

Florida Statutes 771.01 "The rights of action heretofore existing to recover sums of money as damage for the alienation of affections, criminal conversation, seduction or breach of contract to marry are hereby abolished."

Under what circumstances would no warrant be needed to arrest someone for assault?

No warrant is ever necessary. Any armed assault is a felony offense for which only probable cause is necessary to effect an arrest.

So-called 'Simple Assault' in most(all?) jurisdictions is a "probable cause misdemeanor" and, unlike the vast majority of other misdemeanor offenses (which must be committed in the officers presence for an arrest to be made), you can be arrested for it based on probable cause alone.

Can a security agreement be contained in a promissory note or forbearance agreement?

Yes.

A promissory note or forbearance agreement may be modified to include provisions that attached assets to the loan as security or collateral.