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Contract Law Problems

Contract law refers to the body of law that oversees agreements pertaining to the exchange of services or goods. Contract law includes such topics as contract obligations, contract privacy, contract actions, and termination of contracts. Many questions arise when dealing with contract law. Take a look at the more commonly asked questions that have been answered by Experts.

In the state of California is it legal for internet/phone services to activate an automatic contract renewal? If so, is there any way an individual can get out of this contract?

With the exception of residential leases, automatic renewal clauses are legal and used in regular contract law. You need to read your lease to find any options that you may have for getting out of the lease. If the individual cancels their lease, the individual may be affected by a liquidated damages clause.

If you could prove that the drafter of the contract deliberately hid the automatic renewal in the fine print of the contract as a way of fooling you into another year of service, the individual may be able to have the contract rescinded. However, proving this will be an extremely hard task.

At this point it would appear that the individual’s only options are to either to cancel the renewal and pay a penalty or prove the renewal was hidden as a way of deceiving you. The individual may be able to work with the company and agree on a payment for the cancelation penalty.

According to Contract Law if a bank securitizes a mortgage is that contract broken? If a bank does not have the original loan offer but has sold on can it still collect money from an individual?

This type of business happens daily without becoming an issue. The fact that the bank has merged with another bank and securitized a loan doesn't break a contract between the bank and you. Regardless of what bank holds your loan, you are entitled by contract to pay the loan. There generally isn't an issue with a bank collecting loan payments after it has sold the loan to another bank. As long as your payments are made, you will be ok.

Do company (union) contracts supersede existing law?

The answer to that would depend on how a statute is worded. For example, if a statute reads that an employer must assist in payment and the union contract says that the employee will be fully responsible for payment, the union contract would trump the statute. That is true only if the statute allows the leniency for such an act to take place. If the statute reads that the employer will pay; a contract cannot change the fact.

If an individual signed a contract to sell a parent’s house and their sibling in law signed the contract with the other siblings, because the in law signed but is not a heir or participant in the estate, is this enough to void the contract?

The fact that the in law is not an heir or a participant to the estate isn't enough reason to void the contract. You agreed to the sale of the parent’s house when you signed the contract. If you back out of the contract now, the buyer may sue you for breach of contract.

Contracts are drawn up every day and are vital part of most business. Before signing a contract you should know what you are signing and how the signature may affect you at a later date. Signing a contract shouldn't be taken lightly. One should read over a contract very carefully before signing. You should ask an Expert to assist you in reviewing the contract before obligating yourself.
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Recent Contract Questions

  • We have used a landscaping service for 10 years in metro Atlanta.

    We have used a landscaping service for 10 years in metro Atlanta. We moved 2 years ago and they offered their landscaping service in our new home (different city/county) The smaller yard was a mess so we decided to have new sod installed. We asked our landscaping company to come up with a recommendation and quote for the project. They are a small company but we had used them for so long and trusted their recommendations so we did not get any other quotes. The company recommended JaMar zoysia and the work was completed in June 2013. The total cost was approximately $3,000 for the product and labor. We were very happy with the installation and it was beautiful for a short time. In August 2013, the company president was at our home and sent me an email after her visit saying she saw brown spots that could be a sign of fungus or disease and then recommended we use their service for fertilzation and treatment (for an additional charge). We accepted their recommendation and began their treatments.
    Fast forward to now, July 2014. The lawn looks horrible. There are huge patches of dead sod and where it did come back after the winter season, it is thin and unattractive. We began to complain about the grass not 'coming back' in the late spring. The president and crew continued to tell us to be patient because everyone was having problems in Georgia with grasses that brown over in the winter. They continued to tell us that this brand of zoysia in particular was not doing well and that the local farm that sold it said that they had no JaMar zoysia available because it did not survive the cold winter.
    I pressed the president to come see the lawn for herself and she met me here at the home. She was appalled at how bad it looked and told me she was angry that the crew (one of whom is the co-owner of the company) had not told her about the extent of the problem. She promised me that she would 'take care of me' and that if needed, they would replace the sod. She did a lot of due diligince and had someone from the local extension service provide advice. We were then told that we should try a nitrogen treatment (provided by them) to see if it would help growth. We agreed. The treatment did nothing.
    Yesterday, we received an email from the president telling us that they had done all they can. She said that the sod was installed properly, they have no control over the weather and can't control the fact that the sod did not recover, and offered the following solution: WE could call the sod farm and see if they would give us a pallette of sod for free and the landscaping company would install it but would charge us for the tiller and the labor cost. Or, they would try to source some new sod and charge us for the sod (at cost) and we would still have to pay the entire bill.
    We responded that this was not a reasonable solution that we should not have to bear the entire cost of replacing the dead sod, especially since it showed signs of distress 2 months after it was installed, and we had completely followed every single one of their recommendations (at our cost). We had a monthly maintenance contract with them (up until yesterday) so they have been the ones to 'care' for the lawn since the installation.
    They are a small company and we would have been willing to bear some of the cost of replacing the dead sod but it doesn't seem right or prudent that we can trust them to replace it (since they obviously will not give any performance guarantee, how can we know if the new installation will work?) The president responded to my comment that maybe something was wrong with it since it had brown spots within 2 months by saying absolutely not. It was fine but the problem was the winter weather.
    We are going to have to purchase new sod, or plugs, or do something because our front yard is full of dead sod and bare ground. We cannot leave it in the condition it is in.
    We have never taken anyone to court (small claims or other) and wonder if there is any case here at all? The president insists that every expert claims the sod died due to a cold winter and the fact that the sod was less than a year old. She claims they cannot be held responsible for 'acts of nature' as she put it. Should we pursue this in small claims court?
    Thanks for the help!
  • I recieved a gift card for a birthday present in January for

    I recieved a gift card for a birthday present in January for a Spa treatment. I called in June to schedule a Spa visit and I was informed that they No longer offer Spa treatments. I'm not interested in what they do offer, can I get my money back. Its $90.00.
  • I signed a vacation club deal with royal holiday club in Dominican

    I signed a vacation club deal with royal holiday club in Dominican republic, i have paid the club fes of 14,000 dollars then i been paying maintainance fees ranging from 500 to 750 dollars a year
    the contract is for 30 years , I decided to quit the club, but been threatened all the time to rejoin or takuing me to court
    what I can do to qut the club
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