Contracts Questions & Answers

Q: How likely is it a court will impose punitive damages without physical injury in a breach of contract case?

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Florida on
Answered on Mar 30, 2017

It is my suggest that you speak with an employment law attorney in your area. The ability to get punitive damages is complicated and must be presented with proper steps. In my opinion your question is too complicated to properly answer in this type of forum.
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Q: If part of a contract has been breached, is the remainder of the contract still valid?

1 Answer | Asked in Civil Litigation, Contracts and Employment Law for Florida on
Answered on Mar 30, 2017

Typically the breach of a contract by one party does not automatically cancel the contract. Thus, if you choose to breach it could come down to a judge's decision of who breached first or was their breach minor ect.

I strongly suggest that you speak with an employment law attorney in your area about this before you make a decision.
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Q: need to file suit for non payment of rent over $5000 which court is appropriate in Lafayette, Louisiana?

1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Louisiana on
Answered on Mar 30, 2017

A claim of this size is probably best brought in Lafayette City Court (assuming it's within city limits). I would contact the Clerk of Court for the 15th JDC and ask how to proceed. I will warn you that even if you do get a court order awarding back rent, in many cases it is very difficult to actually collect.
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Q: If the initial renewal contract date starts two months from now and you have decided that you want to terminate your

1 Answer | Asked in Contracts for Florida on
Answered on Mar 30, 2017

On your first question. If you are within the 60 day window to terminate the existing lease, you should be able to do so. Typically, such a termination is simply notifying the landlord that you do not intend to renew the lease.

On your second question. If one tenant has signed and delivered his or her signature to the landlord, it is possible that the landlord could attempt to hold that person to the lease. It would really depend upon the exact wording of the lease agreement. I...
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Q: Re: Filial Law. Parent (ill) they live in CA, I live CO can siblings sue for financial support they are giving parents.

1 Answer | Asked in Family Law, Contracts and Elder Law for Colorado on
Answered on Mar 30, 2017

Based on your facts, no.
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Q: Do I have to sign this contract?

1 Answer | Asked in Contracts for New York on
Answered on Mar 29, 2017

Unless the bird is titled in some way, like a pedigree for a dog, I see no reason to sign anything at this point.
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Q: I am purchasing a home in Texas that has been probated. During the title search, several distant relatives were discover

1 Answer | Asked in Contracts, Probate and Real Estate Law for Texas on
Answered on Mar 29, 2017

The short answer is that the title company may have policies in place to protect the title to your property and if they have a policy, you are not likely to close without following the title company policy.
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Q: What should I do: Plaintiff fails to respond to interrogatories, doc request, & request for admissions within 30 days

1 Answer | Asked in Contracts for Maine on
Answered on Mar 29, 2017

The case will not be dismissed for failure to meet discovery deadlines alone.

Move to compel responses to the Ints. and Doc. Reqs. and to "deem" the unanswered Requests for Admission as admitted.
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Q: If I don't use the money the insurance company gave me to pay my chiropractor bill, what can they do, what could happen?

1 Answer | Asked in Contracts, Insurance Bad Faith and Car Accidents for Indiana on
Answered on Mar 29, 2017

Plan on paying the chiro. That's the person you are obligated to. Don't do it again.
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Q: I called the college at Brockport 2 months ago and asked them if my fiancé could be exempt from having to live on campus

1 Answer | Asked in Consumer Law, Contracts and Education Law for New York on
Answered on Mar 29, 2017

Do you have anything in writing from them saying that they would allow it?
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Q: can the contractor put lien on your house if they were not able to finish their work they promised

1 Answer | Asked in Construction Law, Real Estate Law and Contracts for Ohio on
Answered on Mar 29, 2017

Yes, a contractor can place a lien on your house, and they can foreclose on that lien. If you dispute their lien claim, you can send them a notice to commence suit on their lien, and if they don't, then the lien will become void. If they do commence suit, then you can provide evidence of their unfinished work. If you do nothing, the lien will expire automatically after 6 years. But if you refinance or sell the house during that 6 years, you will have to pay the lien in full to get the...
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Q: In the state of NC under a cost plus contract for building a home , what items are permitted to be INCLUDED under costs

1 Answer | Asked in Contracts and Construction Law for North Carolina on
Answered on Mar 28, 2017

What is included in the costs is a function of what the parties negotiate to be above and beyond the contractor's fee. There is no set law or statute on this. There is unlikely to be any fiduciary duty from the contractor to the homeowner whether is a cost plus contract or fixed amount.
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Q: NC. Is there a % limit to deposits for materials in Cost Plus building contract ?

1 Answer | Asked in Business Law, Contracts and Construction Law for North Carolina on
Answered on Mar 28, 2017

There is no limit by law, but it should be a negotiated sum between the homeowner and contractor. Generally, deposits should be limited to around 10% of the contract price, but this also depends on the remaining pay schedule. Contractors typically ask for deposits for material costs. However, if the deposit is a greater figure this may be a red flag that the contractor is not adequately capitalized or doesn't have access to credit for purchasing materials.
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Q: If I didn't receive notice by landlord about breach of contract letter was sent to post office. Is it still legal

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Tennessee on
Answered on Mar 28, 2017

Probably- the law assumes/presumes that if a letter with proper postage was deposited for mailing, that it was delivered. In other words, you can say that you never got it, but unless you can present other proof or witnesses that there is a continuing problem with delivery of your mail, the Court will assume the letter was delivered.
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Q: Question regarding attorney fees and cost, Florida Small Claims. The case had two parts or counts.

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Florida on
Answered on Mar 28, 2017

If a judgment was rendered on any portion of the case. The law in Florida sets a time limit for the prevailing party to file a motion for prevailing party attorney's fees and costs. Thus if you did not do so I would say that the judge was correct to deny a request for fees made several months later. Further if you are not a licensed Florida you would not be entitled to attorney fees. You would have been entitled to costs is you are not a Florida attorney but there is a time limit to seek costs...
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Q: Did you have 30 days or 60 days to inform a tenant weather a least we'll be we renewed or not

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Answered on Mar 28, 2017

Typically the lease agreement will reference the time period on a tenant electing to renew a lease or the landlord electing to not renew the lease. If the lease is silent typically the court will interpret it to be a reasonable time and there is not a hard and fast rule but it would likely be closer to 30 days.
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Q: I don't want to use an agent when buying a house. Does the seller's agent get the buyer's agent's % of commission then?

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Answered on Mar 27, 2017

Yes. The agent has a listing contracting with the seller, in which seller agrees to pay listing agent a certain % fee. If there is another agent involved on behalf of buyer, then the two agents will share it, called a "co-op" fee. Otherwise, if the buyer does not have an agent, then the listing agent keeps the entire % paid by the seller. Since you would not pay any more if you have your own agent representing you, it is prudent to have a buyer's agent assist you and negotiate on your...
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Q: No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same

1 Answer | Asked in Contracts for New York on
Answered on Mar 27, 2017

It's a general ("boilerplate") waiver clause basically saying that waiver of one default is not tantamount to waiver of any other defaults, past or present. What's the context? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in...
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Q: If someone's asks you to foster their dog but doesn't provide any help,do I have the right to not give her back

1 Answer | Asked in Contracts and Animal / Dog Law for California on
Answered on Mar 27, 2017

Foster a dog? What are the terms of the contract? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does...
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Q: Hello My Question is regarding company law. Amendment to articles.

1 Answer | Asked in Business Law and Contracts on
Answered on Mar 27, 2017

It would require the approval of the shareholders who own at least 75% of the outstanding shares.
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