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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
Negotiation
Can a unenforceable contract be made into a enforceable?
Sure, if you change the clauses in it that cause it to be unenforceable. However, if the contract is already signed, then you're going to have a hard time getting the person to sign it again after changes. They have no reason to, if you're not providing some form of compensation for the change. And as the original contract was unenforceable, they're not bound by it, either.
I am starting a solar company and do not have my contractors license yet. There is licensed company that will install the systems that I sell. Is it possible for me to simply state in the contract that the customer is simply buying the materials from me and the contractor is installing them? Or do I have to act as an agent of the other company?
The law gives the right of way to no one?
Correct.
The law imposes an obligation to yield the right of way under certain circumstances, but does not give the "right" of "way" to anyone.
In contract law does void 0r breach mean the same thing?
Actually, the previous answer was not quite right:
A "void contract" is a contract that cannot be enforced because of some defect that occurred at or before the formation of the contract. For parties that have not followed the terms of the contract, establishing that the contract was "void" is a complete defense. It's like saying that the contract never existed.
A breach of contract, however, necessarily occurs after the formation of a valid contract, and it's not a defense, but a cause of action. A party who breached a contract owes the other party damages resulting from the breach.
Many contracts are also "voidable," which means that they are not inherently void and unenforceable, but that can become such at the disadvantaged party's option.
Here are just a few examples of void, voidable, and breached contracts:
- VOID: A contract that violates the "Statute of Frauds." For example, an oral contract for the sale of land.
- VOIDABLE: A contract made with someone who does not have the capacity to contract, like a child or a mentally ill person.
- BREACH: A contract specifies that X is to paint Y's house, and Y is to pay X $100. X paints Y's house, but Y refuses to pay X $100. Assuming the contract was valid at the time of formation, Y breached and owes X $100.
I'm not an attorney, but the meanings of the words are clear enough. When a contract is void, it simply means that the contract has no affect. Neither party is required to honor it any longer. I rent an apartment and I purchase renter's insurance. In the middle of the contract period, I move. The original contract becomes void. I can't make a claim from my new apartment if the insurance company never knew I moved. Also, I can request pro-rated premium back, since when I moved, the contract was rendered void.
Now I sign a contract and I agree to do some painting for a guy. He gives me half payment, with full payment at the end of the job. I do a quarter of the job and skip town. That's a breach.
Are triple and treble synonymous or why the use of treble outside music?
Yes. Triple and Treble both mean three times as much, though triple is more informal than treble. Treble in music originated as one of three clefs - that is treble, bass and alto. It is sometimes thought that treble in SATB originated in all male choirs with no soprano singers and young boys as altos, therefore being one of three as well.
How important is it to enforce the terms and conditions of your contracts?
If you don't enforce them, what is the point in having the contract. You may as well just give the other party whatever they would have gottn and have no further dealings.
What are the laws of intestine?
Intestine is a part of your body. It goes from your stomach to your rectum. that a bolus moves from its orad portion to the aborad portion by the virtue of intestine's peristaltic motion is also referred to as the law of intestine.this was first stated by starling & bayliss.it is generally associated with small intestine.
describe and explain the term, "variation clause" as it applies to a contract and provide at least 3 examples variation clauses.
The question is not clear, since the term "unworkable" extension of time clause is rather vague. The PVC purports to protect the interests of the vendor/contractor and at the same time would not allow the vendor/contractor to make undue profits from the clause. Hence, it is customary to specify that if an extension of time is granted to the vendor/contractor, (say due to the prevalence of a force majeure condition), no price variation would apply to the extended time. This condition would be part of the Contract Amendment documenting the extension of time.
How does ejusdem generis rule apply to the phrase cows sheep cattle goat and other livestock?
The canon of construction holds that items similar to those specifically enumerated are covered by general terms following the list. Here, the general term is "other livestock" and the specific items are all four-legged mammals (inter alia). Thus "other livestock" could include donkeys or pigs, unless the list were very narrowly construed to mean only livestock commonly providing milk. "Other livestock" would not, however, include poultry, even though poultry might be considered livestock under other circumstances.
Can you require a confidentiality agreement before paying an independent contractor?
You can require it, but it should be part of the original agreement, not something that is tacked on at the end. It was not part of the original bargain, so now you are trying to change the obligations of the other party for no additional compensation.
Does the promise to do favor create a binding contract?
Depends. If the favor is to give money to charity, common law said yes, and that's one of the few such enforceable promises to make a gift. Otherwise, generally no but facts can vary and if there's any kind of consideration for the promise, it might be enforceable.
Even if the roofing contractor says it's not his responsibility you may be able to get him to pay for damages by going to court - assuming no other conditions like hail could be responsible. But you have to consider the cost of the repairs both to roof and interior. Small claims court is basically a waste of time. You'll have to prove faulty workmanship - like improper or missing flashing - failure to step-flash around chimney- nail holes in the shingles-problems with plywood sheets if they replaced those...just to name a few possibilities. An inspection by an independent home inspector would be good. If there is defect with the shingles themselves, you can call the company that makes them and have a rep. come and inspect possible damage. I'd suggest that your first move should be to call your homeowners insurance company and talk to them about it. That's what you pay them premiums for and they may cover the cost of repairs both to the roof and the interior damage. - and maybe go after the contractor for you. Get their advice first. If you find the contractor truly is at fault - be sure and report him to the Better Business Bureau. Another trick - if you have a TV station that has a consumer help feature as part of their local news programming - contact them and see if they will get involved in helping you resolve the issue. Good Luck!
If he made it on behalf of the company, then yes, it is. Obviously the big question is whether the son will admit this, or whether you could prove it if he chooses not to admit it.
Give the son a chance, first. Contact an attorney second if he fails in his responsibility. (Note: Go easy, obviously, if it's possible that the son truly does not know.)
Added; Not to mention . . . it would be beneficial to have, or be able to produce, a 'third party' witness to the verbal offer.
If all you can produce is your claim of the deceased's alleged offer . . . . . .
When state law directly conflicts with a federal law it is rendered invalid under?
The Supremacy Clause. Someone else said: Preemption Clause of the Constitution makes the federal law trump state law but it does not necessarily render the state law invalid unless following state law would violate the federal law.
Which Three contract associated with business law?
Answer: Three of the most common fundamental area for business law is :
(1)Duty of care (Reasonable care)
(2)Limited Liability
and (3) The legality.
He could.. but he probably won't win. Being a co-signer means you agree to be responsible for the payments if the primary defaults. Co-signer knowingly agrees to these terms and takes the risk that he/she may have to actually pay up some day.
What does a solid do when it contracts?
When a solid freezes, it contracts making the molecules inside get closer together which makes the volume smaller.
What is material alteration in discharge of contract?
essential of negotiable instrument say's that a negotiable instrument must be unconditional so when we will alter any condition in it then it will be discharged.
Do you need a contract to get a phone?
No, you don't need a contract. You can get a pre-paid phone which means no contract/monthly phone bill, but it depends what you mean by "getting a phone". If you already have a contract and just need a new phone than u can just buy a phone but you will have to pay full price for it unless you have upgrades. If you're a new client than yes you would either have to sign a contract or you could just get a pre-paid phone.
Is it improper for judges to speak to the media about a case even after it is decided?
Ethics and legality are two different things. If it is not forbidden by law or the Ba Association's Canon of Ethics they can speak to whomever they wish.
