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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

Can an offeror revoke an option contract if the offeror decides that the consideration given is inadequate?

No, an offeror can't revoke an option contract if the offeror decides that the consideration given is inadequate. There would be an option to purchase the land.

What are Legally Binding Contract Terms?

The text set forth in any contract explains its terms. Once the parties have signed all the provisions in the contract become mandatory as between the parties.

What does contract mean?

In law, a contract is any legally binding agreement voluntarily entered into by two or more parties that places an obligation on each party to do or not do something for one or more of the other parties and that gives each party the right to demand the performance of whatever is promised to them by the other parties.

Contract also has a generic meanings to reduce in size or to acquire by infection or contagion.

What are the similarities of breach of contract and frustration of contract?

Frustration is when something happens that makes it impossible to perform the contract or makes it so that performance of the contract would undermine the purpose of the contract, whereas breach is caused by a non-performance under the contract.

Can you insure breach of contract?

There are insurance programs offered that provide plaintiffs or defendants involved in contract suits insurance coverage after a litigation has been filed. The program is called Contract Litigation Insurance and was created by Sonoma Risk Insurance Agency.

If your credit card debt was sold to another company and that company is suing you can you request to see the original contract agreement?

Yes. Anytime you have doubts about the validity of a debt, you should ask for confirmation. Since this is not the original creditor, they have to by law, give you a full accounting of the debt. The fact that you are being sued, is even more important for you to get the details in writing. The creditor has thirty days from the time they receive your request, to comply. Send your request by registered mail, get and keep the receipt, that's very important.

What is a formal contract?

It is an agreement between the chicken and the tender.

If you verbally agreed to a contract for an auto warranty and it was sent to you but you changed your mind and never paid nor signed are you liable?

If they didn't send a copy of a signed contract - probably no. They sent you a contract to sign and you did not do so - then also no. Did you benefit from the warrenty already? Case dismissed.

What are specialty contracts?

Specialty contracts are also known as formal contracts, and must be signed by all the parties involved. A specialty contract must be 'signed, sealed and delivered'. An example of a specialty contract would be the deed to a house.

Cell phones with cameras and data transfer capabilities pose a risk to which security goal?

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Personal security--

The answer is subjective and depends on what the person is trying to feel secure from. You can be tracked and you can bet I believe our government is not beyond using this information for nefarious ways. Used to be they needed a warrant, but not anymore, all under the names Homeland security, terrorism, and the Patriot act.

I have reason not to trust the feds. 12 months investigation based on 2 anonymous letters. See, that is all they need for proof to track you. In my case, I do not keep up with all the neat smart phone technology just for that reason.

You may say, you have nothing to hide. I will not get into all the capabilities that are current or planned in the future technology.

What is a PII breach?

The unintended disclosure of Personnal Identifying Information

What is the meaning of IPC contract?

An IPC is a inter-process communication contract that specifies how the exchange of data will take place. There can be multiple threads in just 1 process of data exchange.

What is a CDA Contract?

A non-disclosure agreement (NDA), also known as a confidentiality agreement(CA), confidential disclosure agreement (CDA), proprietary information agreement(PIA) or secrecy agreement (SA), is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties

Can someone contract HIV by dipping wounded finger in wc toilet water used by HIV positive person?

Nope -- no way. HIV is actually a pretty delicate virus and doesn't do well outside a living mammalian body. IN water, it's dead (especially as water systems are charged with a tiny amount of chlorine which is hard for viruses to survive). However, there are some bacterial infections you could have picked up. If this happens again, flush the wound with clean water and thoroughly wash it, before applying anticeptic. Monitor the wound for infection until it closes without indication of further infection.

What obligation do parties involved in business deals owe to each other with respect to their religious beliefs?

There is no obligations involved. The contract should be independent of any religious interests or affiliations. If there are religious requirements, such as the observance of certain holidays, or methods of doing tasks, it should be specified in the agreement.

How do you sign under protest and duress?

When an officer tries to write you a ticket you should immediately identify it as a bill of exchange and state you are willing to accept his presentment and demand the original bill.

Another View: When you feel that you are being pressured to sign a legal document you may add a notation to the signature block indicating - 'signed under duress' - which will lead any subsequent reader of the document to question the circumstances of your signature. If this would be a judicial authority, then after hearing your explanation, THEY will rule on whether "duress" was present or not.

Added: The concept of signing under protest and duress rarely means what people want it to mean. Unless you are physically being forced to sign something, you should not sign something you don't agree to. Absent the threat of physical force, courts are generally unwilling to accept that a signature was coerced. In the case of a traffic ticket, a signature merely notes receipt of the citation, not fault. Unless you contest that the officer is presenting you with a copy of the citation, there is no reason to refuse to sign, but refusal to sign may land you in jail. Further, the courts are not blind to parties' attempts to avoid liability, and often react harshly to uninformed attempts to avoid the law such as those noted in the first paragraph.

What can a commerical real estate agent do if a customer defaults on a commission?

You should consult with an attorney who can review your situation and your contract. If your contract was properly drafted and signed by the other party you can sue for breach of contract.

Does the State of New Mexico have a state master agreement contract with LexisNexis?

Yes, the state of New Mexic has a federal conciation agreement treaty with the LexisNexis Organization, the federal government knows about this and according to the National Agreement Contract Union of the U.S., New Mexico uses its federal tax money to bail out LexisNexis over credit card debt and overuse of the state governments Gross Domestic Product.

What is the difference between agency and mandate contracts?

Mandate is slightly different from agency. A mandate is an instruction - if you give your estate agent the mandate to find you a buyer, then you have given him or her the instruction that they need to advertise etc - this is distinct from real agency because an agent has the authority to conclude the contract on your behalf, whereas the mandatory has no authority to bind you in contract. So true agency is mandate plus authority to bind in contract.

How can you get out of a contract from a car dealership without damaging your credit to purchase one at another dealership?

This is a great question and there is one very simple answer: Pay it off. It's like asking how you get out of one marriage to go marry someone else. Pay her off! File for Divorce. Surrender most of your worldly possessions to her. Pay the lawyer his handsome fee and the start writing the alimony checks! You cannot circumvent your legal/financial obligations to a lender/bank/dealer. You must fulfil that obligation first. You can do this by a) paying it off b)selling it or transfering the equity (TOE--also known as legally taking over the notes) to someone else or c)face the legal consequences of not handling your obligation. I speak with lots of debtors who believe, for whatever reason, that they can just take a financed vehicle back and drop it off and they are done. This might be the case if we were dealing with a R E N T A L. Not so, however, with a leased or purchased vehicle in which there is a monthly payment per a signed contract.

What is a 'back to back' business between companies?

"Back to Back" business can refer to an "interest swap" arrangement that some businesses and hedge funds utilize to minimize risk. To understand a "back to back" interest swap you must first understand how and why a regular interest rate swap works. Interest swaps involve two parties. One party signs the contract as a "hedge" or insurance to protect themselves from loss, and the other party is a speculator/investor hoping to capitalize if things go their way.

A plain interest swap works like this; Party A is a bank who collects interest on it's loans at a fixed rate. This bank also pays interest to it's depositors at a variable rate that goes up and down. Depending on how interest rates go the bank could come out way ahead or fall behind. So to stabilize this they utilize an interest swap contract. The bank would offer to pay an investor (party B) a fixed interest payment on a dollar amount agreed upon by the two parties. This is the point most people get confused. There is no loan to anyone here, there is only an agreement to pay an interest rate on a specific dollar amount. Party A will pay a fixed interest rate to party B. In turn party B will pay party A a "variable" interest rate; usually based on the federal funds rate or the LIBOR plus a premium. So party A is paying a known amount to party B and party B is paying an unknown amount to party A. If interest rates go up than party B is going to loose out but if interest rates go down, below whatever fixed rate they have agreed upon than he comes out ahead. Party A wins regardless really because the main motivation for party A was to be able to collect a variable interest rate, because that's what it must pay it's customers with. It has in effect simply converted the fixed interest it collects on mortgages and auto loans to a floating variable interest by transferring the risk to an investor.

This brings us to the "Back to Back" business. Using the above scenario let's say that party B isn't 100% sure interest rates will go down and cause him to reap a profit. Party B then might engage in further credit swaps to hedge his bet, thus the back to back. Party B could enter in another contract with a party C. In this case instead of being the party paying the variable interest he would offer to pay party C a fixed interest payment and receive an agreed upon variable rate. This "back to back" arrangement doesn't really concern party A or C since there is no actual loaning of money, rather just an agreement or gamble on whether interest rates will go up or down. Remember that if interest rates go down party B wins but if they go up than party B looses. By entering into a back to back arrangement, if interest rates go precipitously down than party B won't loose everything because of his arrangement with party C. Conversely, this contract will cut into party B's profits if interest rates go down; but that's the nature of insurance, to protect yourself from loosing everything. These contracts usually involve very large amounts of money and involve very small variations in interest rates; far less that 1 percent.

Is a contract legal if there is no start and finish date of services?

Maybe. Generally, in order for a contract to exist, several elements must be present: an offer, acceptance, and consideration. An offer is a communication, made by a party intending to be bound by the contract, which conveys terms that can reasonably be accepted by another party. An acceptance is a communication, made by another party to whom the offer was made, which accepts the terms of the offer. Consideration is the value that is exchanged between the two parties. If these elements are present, then there is a contract.

The main sticking point would be if the terms of the offer were sufficiently clear so as to allow an accepting party to accept the actual terms of the offer. Whether a lack of a completion date makes the offer vague or ambiguous so as to void the contract is a question that can only be answered by looking at the rest of the contract. Some contracts are time sensitive, and require a certain timeline. Others can be open ended, and no completion date is specified. Again, it would just depend on the nature of the contract.

Can the seller of a home cancel contract in the state of Nevada after the contract has been signed?

If they can meet the requirements to void a contract. It most there are clauses allowing the contract to be nullified, which may be based on failure to obtain financing.