Questions tagged [contract-law]

For questions about laws related to contracts, an agreement between two or more parties.

Contracts are generally composed of:

  1. Offer and acceptance

    This means the agreement of all parties to the same terms - where the terms are accepted with modifications, it is considered a counteroffer, and all other parties must agree to them.

  2. Intention to be legally bound
  3. Consideration

    This is the exchange of something of value between the parties. This may be goods, services, a promise to do or abstain from acting.

Additionally:

  • The parties must have the capacity to enter into a contract
    Generally, this means that those deemed mentally incapable, such as children or those under the influence of drugs, will not be able to enter into binding contracts.
  • The form and purpose of the contract must be legal
  • The parties must consent

Canonical answers:

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If a contract sometimes uses the wrong name, is it still valid?

I was given a contract, which at the top states my name and says "herein referred to as contractor" but in several sections of the body, it appears that there is a mistake where they use the word "consultant" instead. Example: This contract is…
user_hi
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What is the legal basis for terminating contracts with Russian residents?

This question is not about politics, it's purely about law. Recently, a number of companies announced that they will be terminating contracts with anyone who has Russian registration. One example is IONOS web and domain hosting: Ukraine Conflict –…
Codeguard
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How to prove the genuinity/nongenuinity of a signature?

I'm not a law student, but I'm very interested in the topic and learning in general. I got curious about contracts and signatures recently, so I wondered if there have been cases where contracts have been voided because of invalid signatures. What…
Zaenille
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Is a contract written by a language model valid?

If a language model like the GPT-4 model writes a contract, it would be valid?
user53146
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Is it legal to redefine a term against common sense in a contract

Can the writer of a contract attempt to trick the signer using defined terms? Is such a contract binding or void, and can the writer get into trouble for doing so (eg. for misrepresentation)? Two types of scenarios that I want to ask about: When a…
Max Xiong
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Can I cross out parts of a contract before signing it?

Assume there is a contract that was typed on a computer then printed out, and only one party needs to sign it. Examples of such contracts are "sign here to show it's ok for us to contact your references". If a person crossed out part of the contract…
justasking111
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Is it necessary to state in a contract that if one part is found unenforceable, the rest still is?

I've seen in some contracts clauses stating something like If a term or condition is found to be unenforceable, the rest of the contract still remains in affect. Is this necessary? Unless specified otherwise, if part of the contract is found…
Guy McG
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In Contracts, why is some text all in uppercase?

For example in https://www.google.com/intl/en/policies/terms/ Why does the text change from normal case, to all upper case? Our Warranties and Disclaimers We provide our Services using a commercially reasonable level of skill and care and we hope…
justasking111
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What are the implications of requesting someone sign a document with false information?

I have been asked by multiple different companies on different occasions to sign documents, with my signature certifying that all information in the document is true and correct. These documents have had factual errors, and further, when I request…
Edward
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What prevents uber to draw up end user contracts?

What prevents companies like Uber to draw up contracts, which both the riders and drivers have to sign / agree to if they want to use Uber? This is in light of recent events related to Uber drivers being ruled as employees by Californian Court. And…
tmj
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How can you tell whether somebody is "competent" to agree with you or your terms?

How can somebody best ensure that when they enter into an agreement or relationship with somebody, that they won't later be able to complain that they were unable to understand the terms by reason of either some mental impairment or some disability…
Mr. A
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What happens when a contract was signed but a party can't fullfill their oblications due to circumstances outside their control

I know this is a bit of a vague question but I'll give some specific examples. When a contract is signed, and a certain part is not met for extenuating circumstances, when can legal action be taken (and likely won)? I know of a person who had a…
Alex
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What happens if two clauses in a contract come into conflict?

This is a hypothetical scenario, but hopefully it is appropriate for this board. Suppose that two people enter into a contract which contains clause A and clause B. Further suppose that, in general, the two are not contradictory, but come into…
Daniel Goldman
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If signing a contract with a contractee outside of the U.S., should you tell the contractee to write it using the standards of the U.S.?

If signing a contract with a contractee outside of the U.S., should you tell the contractee to write it using the standards of the U.S.? I am wondering if all contracts, especially business contracts, have the same formats and standard wording or…
Sayaman
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Wrong corporate name on employment agreement

I signed an employment agreement 6 years into a 7 year term. On the 7th year, they decided to not renew our agreement. When reviewing my agreement I noticed the corporate name was incorrect and wasn't the complete name. Does this mistake make the…
steve
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