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Contracts Questions & Answers
Q: Does the landlord have to pay for the water bill residential rental contract in Ohio?
1 Answer
| Asked
in
Consumer Law, Contracts and Landlord - Tenant
for
Ohio
on
Answered on Apr 25, 2016
Answered on Apr 25, 2016
Q: I hired a sitter on Rover to take care of my 2 dogs while i was away. She lost one. Another one was bitten by her dogs.
David A. Wolf's answer
The statute of limitations for most negligence cases in the State of Florida is 4 years. There are some exceptions to this general law. Typically, damages for the loss or injury to a dog are limited to the replacement value of the dog and not the emotional value of the dog unless there was reckless conduct involved. Sorry about the loss of one pet and the injury to the other. Good luck.
The statute of limitations for most negligence cases in the State of Florida is 4 years. There are some exceptions to this general law. Typically, damages for the loss or injury to a dog are limited to the replacement value of the dog and not the emotional value of the dog unless there was reckless conduct involved. Sorry about the loss of one pet and the injury to the other. Good luck.
Q: ac contractor installed new system without permits. Did not insulate new ductwork,which should be according to building
Leonard R. Boyer's answer
You should file suit against him, however, you should never have allowed any work to start without the necessary permits. Good luck.
You should file suit against him, however, you should never have allowed any work to start without the necessary permits. Good luck.
Q: I'm going to estimate tree removals and trimmings for a tree service. I'll be paid 10% of jobs I get (cold calls).
1 Answer
| Asked
in
Contracts, Employment Law and Personal Injury
for
Illinois
on
Answered on Apr 21, 2016
Answered on Apr 21, 2016
Mr. Michael O. Stevens' answer
There is no way to guarantee you will not be sued. Not to mention, if you were negligent, you should be sued. Just make sure to have your own insurance as well.
There is no way to guarantee you will not be sued. Not to mention, if you were negligent, you should be sued. Just make sure to have your own insurance as well.
Q: Vendor used client's internet and office space to work on side project. Does client have any claim to this side project?
Mr. Michael O. Stevens' answer
Since it does not appear you were an employee and you have no contract, he would have a difficult time with his claim as to ownership. And given no written contracts, it might be hard for him to assert other claims.
Since it does not appear you were an employee and you have no contract, he would have a difficult time with his claim as to ownership. And given no written contracts, it might be hard for him to assert other claims.
Q: contract?
1 Answer
| Asked
in
Consumer Law, Education Law and Contracts
for
Virginia
on
Answered on Apr 21, 2016
Answered on Apr 21, 2016
Mr. Michael O. Stevens' answer
Under your thinking then, they should just charge you X size plan, full price, as that is what you agreed to. Does that work better or worse for you?
Under your thinking then, they should just charge you X size plan, full price, as that is what you agreed to. Does that work better or worse for you?
Q: Read Below
Mr. Michael O. Stevens' answer
Statute of limitations and laches would be the main defenses given this was 30 years ago, but this is based on US law, and though NZ law has a basis in English law like the US, their law may be different.
Statute of limitations and laches would be the main defenses given this was 30 years ago, but this is based on US law, and though NZ law has a basis in English law like the US, their law may be different.
Q: 2 "investors" gave me checks worth more than $100,000.00. But they bounced, they are fraud checks. what should i do?
1 Answer
| Asked
in
Consumer Law, Contracts, Criminal Law and Securities Law
for
New Jersey
on
Answered on Apr 20, 2016
Answered on Apr 20, 2016
Leonard R. Boyer's answer
Contact all levels of law enforcement, including FINRA and also contact the NJ State Attorney General. Good luck.
Contact all levels of law enforcement, including FINRA and also contact the NJ State Attorney General. Good luck.
Q: Should I pay back loans that were part of a school that wasn't accredited and was committing fraud?
1 Answer
| Asked
in
Education Law, Consumer Law and Contracts
for
Florida
on
Answered on Apr 18, 2016
Answered on Apr 18, 2016
David A. Wolf's answer
You should contact a consumer attorney regarding this matter. I have heard about cases being pursued when a school has engaged in fraudulent activities. I recommend that you get legal advice and possibly take some action rather than just assume that you are not responsible because there was fraud involved.
You should contact a consumer attorney regarding this matter. I have heard about cases being pursued when a school has engaged in fraudulent activities. I recommend that you get legal advice and possibly take some action rather than just assume that you are not responsible because there was fraud involved.
Q: I agreed to take a loan from a "friend" at a 50% annual interest rate. I wrote him an IOU. Is this a legal contract?
Leonard R. Boyer's answer
NO! It is a violation of usery laws and will probably not be enforceable. Retain counsel to handle this. Good luck.
NO! It is a violation of usery laws and will probably not be enforceable. Retain counsel to handle this. Good luck.
Q: How to write up a legal contract releasing me from liability after I leave an apartment?
Leonard R. Boyer's answer
You have a simple choice, you can pay an attorney to draw it up the correct way as a legally binding document or use the "Dr. Google school of law" to do it cheaply and cause yourself more problems than you can imagine. Good luck.
You have a simple choice, you can pay an attorney to draw it up the correct way as a legally binding document or use the "Dr. Google school of law" to do it cheaply and cause yourself more problems than you can imagine. Good luck.
Q: How can I get my stereo and money back?
Leonard R. Boyer's answer
Try to retain a "lemon law attorney" (yes that law does not specifically apply to stereos) and file a complaint with the parent company, if there is one. Good luck.
Try to retain a "lemon law attorney" (yes that law does not specifically apply to stereos) and file a complaint with the parent company, if there is one. Good luck.
Q: If a have a contract signed by the seller, can they accept another offer
Mark Scoblionko's answer
You should speak with your lawyer and see what he has to say. However, as a general proposition, a "contract" signed only by the seller is merely "an offer to sell" unless and until the document is accepted and signed by the buyer. Only at that point does the document become a "contract." Prior to the time that an offer is accepted so as to form a contract, the offer can generally be withdrawn. Therefore, the seller does have the right to withdraw the "offer" before you have signed and...
You should speak with your lawyer and see what he has to say. However, as a general proposition, a "contract" signed only by the seller is merely "an offer to sell" unless and until the document is accepted and signed by the buyer. Only at that point does the document become a "contract." Prior to the time that an offer is accepted so as to form a contract, the offer can generally be withdrawn. Therefore, the seller does have the right to withdraw the "offer" before you have signed and...
Q: My question is about a person who I thought was a friend who I think is trying to over charge me for a a $1300
Mr. Michael O. Stevens' answer
As far as I know, all states have usury laws to control interest, and that caps the amount she could charge. So, you could tell her she will get paid what was agreed to originally, and if she wants the illegal interest she will have to take you to court. The court would not allow her to collect any interest above what the usury laws allow.
As far as I know, all states have usury laws to control interest, and that caps the amount she could charge. So, you could tell her she will get paid what was agreed to originally, and if she wants the illegal interest she will have to take you to court. The court would not allow her to collect any interest above what the usury laws allow.
Q: What kind of a lawyer do I need for a breach of contract from a contractor?
Mr. Michael O. Stevens' answer
Often times your state contractor's board has dispute resolution processes, so you might try that first. Otherwise, any contract attorney would work, but best to find one who handles contractors, as there are usually special processes that have to be followed.
Often times your state contractor's board has dispute resolution processes, so you might try that first. Otherwise, any contract attorney would work, but best to find one who handles contractors, as there are usually special processes that have to be followed.
Q: Can I ask for a non refundable deposit in my contract?
Mr. Michael O. Stevens' answer
Maybe, depends on the contract. Contracts are basically private law, and you can do many things. That said, it really is not a deposit if it is non-refundable, it would really be more of a fee or down payment.
Maybe, depends on the contract. Contracts are basically private law, and you can do many things. That said, it really is not a deposit if it is non-refundable, it would really be more of a fee or down payment.
Q: Civil case (relief asked is $409) at Guadalupe County in TX - can you provide advice how to dismiss a complaint?
Mr. Michael O. Stevens' answer
The internet reviews will get you no where. If they did bad work, that is mostly on you as the person who hired them. That said, I would counterclaim as to breach of contract in that the work performed was not of the quality contracted for, in that he breached implied warranties. I would also look to see if the person is licensed as a contractor, as irrigation is often an area that requires a licensed contractor. If he is not licensed, then any contract may be void.
The internet reviews will get you no where. If they did bad work, that is mostly on you as the person who hired them. That said, I would counterclaim as to breach of contract in that the work performed was not of the quality contracted for, in that he breached implied warranties. I would also look to see if the person is licensed as a contractor, as irrigation is often an area that requires a licensed contractor. If he is not licensed, then any contract may be void.
Q: I am a wedding photogragpher. In January, I closed a contract to take photos and video for a quinceanera next January.
Terrence H Thorgaard's answer
You have done everything you need to do. His remedy, should you be unable to perform on the scheduled date, would be the deposit. So yes, it wouldn't hurt to put the cancellation in writing and send him the deposit; other than that you have your bases covered.
You have done everything you need to do. His remedy, should you be unable to perform on the scheduled date, would be the deposit. So yes, it wouldn't hurt to put the cancellation in writing and send him the deposit; other than that you have your bases covered.
Q: I recently signed a work contract with a company, but I wish to leave. I am a 1099 worker, can they sue me?
Mr. Michael O. Stevens' answer
Non-compete clauses are common in independent contractor agreements. Otherwise you could work for them and take their client list and then go out on your own. So, there is a high probability it would be enforceable, at least in part. Most states though will limit them to reasonable restrictions, and it does not sound like there is a geographic limit to the contract.
Also, if you move to California, non-compete agreements are basically void on public policy grounds, so you may be able to...
Non-compete clauses are common in independent contractor agreements. Otherwise you could work for them and take their client list and then go out on your own. So, there is a high probability it would be enforceable, at least in part. Most states though will limit them to reasonable restrictions, and it does not sound like there is a geographic limit to the contract.
Also, if you move to California, non-compete agreements are basically void on public policy grounds, so you may be able to...
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