Right to a jury applies to criminal matters, not civil cases like business contracts. Rights to a jury in civil cases depend on state law, and can usually be waived as a matter of contract. That's why those waivers appear in so many business contracts.

You would need to read the contract to see whether or not the down payments is refundable.

I would demand that the repair shop reimburse you, or make a claim on its insurance. They may have a garagekeepers provision for this. The other option is to notify your insurance, and they may reimburse you and seek subrogation. Contact an attorney to talk about drafting a demand letter or... View More

I suggest contacting the law firm(s) who filed the class action so they can make sure you are included. From the Pleadings, I see the firms are:

1. Shub Law Firm in Haddonfield, NJ

2. Sciolla Law Firm in Philadelphia, PA

3. Whitfield Bryson in Raliegh, NC.

For... View More

You could sue landlord for breach of contract for a court to decide if what landlord did was a breach of contract.

A few things here. First, was the original service (which I assume you requested) warranted to pass the inspection, or should they have known that was what you needed, if you answer yes to either then the company breached its warranty to you in the initial service. The second service should not... View More

If the roof leaks, then the job has not been done properly or is not complete. Talk to the contractor about it. If you intend to terminate him for breach of contract and sue him, you have to give him notice. Even if you succeed in court and get a judgment against him, it might be difficult to... View More

Yes.

Anyone can demand anything. You can refuse to pay him. He could then sue you, and you could defend the lawsuit and counterclaim for fraud.

Court's have generally upheld these sorts of rules regarding reasonable restrictions on when, where, and how payments can be made. You can take your change to the bank and trade it in for bills.

When the contract was written did the contractor give you a written notice of your right to cancel the contract within 3 days. If the contractor does not have a storefront or a building where you can view his work, then he is subject to the Home Solicitation Sales Act. Without a three day notice,... View More

Yes, an express warranty is what most people think of as a warranty, one that is promised by a seller usually in writing. An implied warranty is a bit different. It is one that is implied by the law, in other words, one that is essentially required by law and therefore present whether there is a... View More

Fraud occurs when one party to a transaction makes a material misrepresentation--a lie about something important to the transaction--either with knowledge that the misrepresentation is false, or with reckless disregard to whether or not it is true, or makes a material omission when the party has a... View More

When you purchase a car "as is" and they follow the rules for telling you that, they have no duty to disclose or fix anything.

I'm sorry, no question is asked here. To determine if you have a viable case I recommend sitting down with an attorney who practices in the area of concern.

Best of luck.

If there is a problem you can bet people will look at you. Check with your state health department/department of agriculture. You may be required to have certain licenses and refridgeration if you are going to sell frozen food products, particularly meats.

A lawyer would have to review the actual contract terms to determine if you have a right to cancel, whether their delay was a breach of contract or if the virus lockdown excuses the delay, or whether they failed to comply with all the required consumer protection notices and right of cancellation... View More

Assuming they did not get your consent to a transfustion, you technically have a claim for battery. However there are many legal issues, and you should 1) not ask or tell medstaff you are thinking of a claim but ask general open ended questions if you are asking them , 2) get legal advice from a... View More

Nicholas P. Weiss Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2021

This will depend on what the contract you signed said. Most of the time for roof repair you are required to make payments in intervals, with the full amount due upon completion. If the contract was silent on that, then you should not have to prepay unless specifically stated.

If there was... View More

Yes, you can get into trouble for selling things that do not belong to you. That's both fraud and theft.