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Delaware Breach Of Contract Legal Questions

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4 legal questions have been posted about breach of contract by real users in Delaware. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include contracts. All topics and other states can be accessed in the dropdowns below.

Can I be sued for this?

Answered 7 years and 6 months ago by attorney Bruce Robins   |   1 Answer
You were the cosigner of the loan, meaning that you were obligated to pay at least your share (depending on how the deal was structured, you were probably the principal obligor and obligated to pay the whole amount, while your parents were guarantors).  You didn't, and your parents were forced to pay your share (whether that share was 100% or only 50%).  They thus now have a claim against you to recover the amount that they lost becasue you didn't fulfill your contractual obligation.  Essentially, having paid off the loan, your parents now step in the shoes of the lender.... Read More
You were the cosigner of the loan, meaning that you were obligated to pay at least your share (depending on how the deal was structured, you were... Read More

Do I have to honor a contract when the contractor demands full payment before doing the job? Contract states payment at completion of job

Answered 8 years and a month ago by attorney Bruce Robins   |   1 Answer
Assuming that you can prove what you've written above (which is uncertain if any of it depends on your word versus the contractor's), and assuming that there is nothing in the original ocntract which allowed the contractor to deemand payment up front (some contracts do have such provisions if, for example, one party's credit worthiness changes), then the contractor had no right to demand payment ahead of time, and you were not required to continue with the contract under that condition. ... Read More
Assuming that you can prove what you've written above (which is uncertain if any of it depends on your word versus the contractor's), and assuming... Read More

when a contract is breached by the party issuing the contract is it still valid

Answered 11 years and 3 months ago by attorney Bruce Robins   |   1 Answer
As a general rule, if one party materially breaches a contract, the other party has the option of either rescinding the contract or continuing with the contract and suing for damages caused by the breach.
As a general rule, if one party materially breaches a contract, the other party has the option of either rescinding the contract or continuing with... Read More

Do I have any legal right to take someone to court for money owed in a promisary note to my deceased ex-husband ?

Answered 12 years and 5 months ago by attorney Bruce Robins   |   1 Answer
Technically, no.  If the money is owed to your ex-husband's estate, it is the estate (i.e. whomever has been appointed by the Court as the executor/executrix or administrator/administratrix of the estate) which can bring suit, not you.  In some circumstances, the direct beneficiaries of the estate (i.e. his two children) may be able to sue directly, but I am not sure if they can do so under these circumstances in Delaware.  If so, however, and if the children are minors, you may, if you are their guardian, be able to sue on their behalf.... Read More
Technically, no.  If the money is owed to your ex-husband's estate, it is the estate (i.e. whomever has been appointed by the Court as the... Read More
Breach of Contract
Delaware

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