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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 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.

Is it possible to have a real estate contract rescinded after closing if something wasn't repaired as stated in the contract and is NOT considered repairable?

This is one of those "speak to competent legal counsel" kinds of questions, but the basic answer would be "no". However, that doesn't end the matter. The question for you is, "is the problem bad enough that you are willing to go to court and sue for damages?" Did the seller promise to repair the water heater, and it turns out to be still broken and unrepairable? Probably not worth the hassle. Get a new one and move on. However, that 100' long deepwater dock that was the major reason you bought that $2 million house, and it turns out that it's unsafe and the county won't allow repairs is an entirely different matter. The house may now be worth far less than you paid, and you may not be able to use the property as you had originally intended. You need a good real estate lawyer. The "Reasonable person theory" applies here. If you do decide that the reasonable thing is to get a lawyer and fight it out, you should get one that specializes in real estate law.

Simple contract special contract?

They are valid element of a contract they are offer and acceptance, legality consideration capacity terms

If you signed a purchase contract stating that the buyer would finance can you cancel the contract if you can't get a loan?

It depends upon the specific terms and conditions of the contract. If the contract simply states it is the buyer's obligation to secure financing, then you can NOTcancel the contract. If the contract states that the agreement is conditional upon the buyer's ability to secure a loan, then you CAN cancel the contract.

What are the ways of terminating an offer and the exceptions to it?

An offer can be terminated as a result of the

1. lapse (death of the offeror, death of the offeree, time set for accepting, prevention of performance).

2. Rejection of the offer

3. Revocation of the offer

How can quantum merit be exercised in the law of contract?

Quantum meruit is an equitable relief given where the terms of a contract may not be enforceable but the party who has performed is awarded a reasonable value for the work performed by such party (which may be less than the expected contract rate).

What is the basic test for determining if a pre-contractual statement is a contractual term or mere representation?

If the term is enforceable under the contract then it is a term. if it was merely something said to induce a person to enter into a contract it is a pre-contractual statement.

Can you get sued by a payday loan company for moving out of state when you have a payday loan in the state that you are leaving?

Any lender has the right to sue regardless of the reason if you choose not to pay them back. Leaving a state where you took a payday loan is not a reason for a payday lender to sue you - not paying them back is.

What is the significance in the law of contract of an invitation to a treat?

Contract is a an agreement between two or more parties with an intention to form a legal binding it can be written or orally .

not all statements or actions by the parties are contracts , some might be statement of intention . Here a person is intend to do something , but did not said he going to do it .

INVITATION to a TREAT goods advertised in a shop's brochures or in shop window are not consider to be contracted yet and that is what is called an invitation to a treat . Here contract will occur when the buyer took product to the cashier and the cashier accept money in exchange from there contract is done . If the manufacturers or a shopkeeper expressly give a promise regarding the product . Use our product and you will cure within 5 days

(we have a prove of that ) . Its not an INVITATION TO A TREAT , . If X used such a product and get sick instead and indeed the illness is due to the product's defect he may sue for that .

Will a legal contract be enough to protect you if you sell a house that is not in your name or on the deed in order to get half the equity?

I'M NOT AN ATTORNEY, THIS IS NOT PROFESSIONAL ADVICE.

You can put just about any agreement into the form of a contract. So yes, you could make an agreement, and have it written and executed as a contract, with the owner of the property, under which you would receive half the equity when the property is sold. Of course, you can't do this unilaterally, the owner would have to agree and sign the contract before the sale. Don't take a chance on trying to write this up yourself. Have an attorney do it.

AnswerThe distribution of real property is regulated according to state laws where the property is located. If the issue pertains to property belonging to a deceased's estate or a person who is incapacitated it absolutely cannot be done. The person(s) who own the house (those who are on the title) must agree to the sale of the home, must sign and have notarized the title and all documents needed pertaining to state law. Also before the house can be sold a title search will be needed to assure the property is clear of any encumberances.

Do you need to give a copy of your driver's license when you sign a contract?

Most places require you to properly identify yourself to sign a contract. And if it is notarized, they notary will want government issued photo ID. A passport works well.

Is a contract null and void if the law changes?

If the laws materially affect the contract, yes. If the affect is minor, it would not void the contract, but may require some renegotiation.

Is it legal in the state of California for a contractor to ask for fifty percent of a contract up front?

YES ... Any person can ask for 50% to 100% up front but it is up to the person who is hiring the contractor to decide if you want to pay up front ... ( it is never a good idea to pay up front ) ...

The owner of a land contract has collected late fees as well as the couple delinquent payments so can he evict the tenant that has an option to buy?

Check your agreement. It is at his convenience that he accepts late payments with fees. There probably is a statement about how many times he has to tolerate late payments--if at all. Better for you to reexamine your payment habits and make sure all in the future are timely.

What are the pros and cons of self-operate exploration drilling machines and Contract Drilling Companies in the mining industry?

In the mining industry most companies cannot afford the cost of maintaining the drilling equipment nor infrastructure required to do inhouse exploration. Self-operated exploration drilling requires the company to have and H/R staff which can higher high caliber people and then attach them to the corporate employment package for the long term. Most self-operated exploration drilling machines cost 2 times as much as contract drilling companies that can distribute the costs and employment agreements over multiple footage projects and locations. Contract Drilling companies stay abreast of new developments in the industry and maintain records to track costs thus arriving at the most economical footage results available for the formations being drilled. (no hidden cost) Self-operate exploration drilling have costs that are ignored and/or written off in other areas of the corporate structure. ie Repairs, fuel, moves, administration. Pro of Self-operated exploration drilling are that the company attains the information on the ore bodies in a more timely manner to make mining development decisions on and operating mine. Self-operated exploration drilling and contract drilling is similar to large mining company keeping staff to do raw exploration- they don't. The large mining companies invest in the junior exploration companies to find new ore bodies which allows them to have experience people looking for ore bodies and managing them selves vs. maintaining a large costly exploration staff. The juniors use contractors because they cannot afford the large capitalization for the drilling equipment and tooling to do small exploration projects to see if they have and ore body. If the junior finds and ore body the large mining company will fund the drilling project for a percentage of the property or will buy out the juniors stock to own the property. The economics of the property will dictated the pros and cons of in-house drilling or contract drilling. It may come down to the risk involved in the ore body involved.

What is the difference between a voidable and rescissible contract?

Their binding force,,, rescissible contract renders it defective due to external facts that may prejudice a contracting party or even a third person. While voidable contract becomes defective due to the vice of consent :)

Us citizen married in Iran wife has green card living in California and she filed for divorce what is she entitled?

I'm a u.s. citizen and i got married in Iran under the Islamic law, my wife now has a green card and we live in California where she has filed for divorce, can i take her back to Iran and get a divorce or can she divorce me here and take my money?