North Carolina Breach Of Contract Legal Questions

Have you shown them your contract and proof of all of your payments? You should be able to get copies of your records from your bank for several years. You should gather all of those and show them to the cemetery management and if they do not respond favorably, contact a local attorney for assistance in filing a lawsuit for breach of contract. ... Read More

It's posible that both the sellers and buyers could  be sued for breach of the license (althogy I doubt that the licensor would do so).  While I don't see that the licensor has sufferend any monetary damage, it may be able to obtain an injunction against future activities, violation of which would result in real world consequences for contempt of court.  Again, since the same result is essentially obtained by simply banning the participants, I dont't think the licensor would do that, but it is possible.... Read More

Although it seems likely that No would have jurisdiction over the warranty co., since it contracted to cover equipment located in MC, you may not be able to sue in small claims court.  Many small claims courts are only set up to have jurisdiction over locals. You should contact the clerk of your local small claims court to check.  Also your contract with the warranty company may contain a choice of forum which limits where you can sue, or an arbitration clause requiring all disputes be arbitrated.  If there is no contractual provision to the contrary, you can sue in a state court of general jurisdiction. ... Read More

Although the law may be different in NC than in the states where I practice, there is generally no need for a contract to be notarized pr evem wrottem (with certain exceptions), but covenants not to compete are looked at with some disfavor, although not per se unenforceable.  They must be reasonable in both geogrpahic area and time.  While what is reasonable depends on the particular factgs of each case, my gut is that 20 miles would be considered too broad.  Also, you don't say how long the restriction runs; if in fact it is unlimited, that would likely be considered too long.  I assume the covenant only covers your work as a barber, not any type of work, as your question suggests; if it does, in fact, cover any work, it would not be enforced.  However, while the Court may hold tte entire covenant to be unenforceable, it may also "blue pencil" the provision, i.e. cut it back to what it considers reasonable, for example 1 mile and 1 year.... Read More

If not wanting to honor the lease is the only reason the landlord has for refusing to follow it (for example, the landlord doesn't claim fraud, that the lease is illegal in some way, that it gives the landlord the right to terminate it, that the person who signed it for the landlord was not authorizedto sign it, etc.), a court would force the landlord to comply. It is possible that the other tenant has a lease with a restrictive covenant in it, i.e. a provision that says that no bar can occupy your premises.  If so, one of you is going to lose out; it is impossible to comply with both leases.  In that case, if you can't work out a settlement between the 3 of you, the landlord would be liable for any damages the losing party suffers.  My instinct would be that if, in that case, the other party had recorded its lease, it would win, you would not be able to operate your bar, and the landlord would have to pay you any monetary damages you could prove that you had suffered due to its breach of the lease, because you could have discovered the restrictive covenant if you had checked the land records; if the other tenant had not recorded its lease with the restrictive covenant, my sense it that it would lose, you could open your bar, and the landlord would have to compensate the other tenant for the breach of its lease.... Read More

There is generally no need for a witness or notary to have a valid contract, but I assume there was more than just hte parties' names.  There would need to be sufficiently definite terms,i.e. A is selling this car to B for this price on February 1.  If these terms are not included, the paper itself may not be enough, but the buyer may be able to incorporate other writings (e.g. the correspondence between you) to flesh out the terms.... Read More

No.  Although it is not unheard of for people to resort to this sort of "self help" to gain leverage in a situation, you have no legal right to keep him from his property unless you had an agreement that the bed was to be security for his completion of the job.  Your remedy is to sue him for breach of contract.... Read More

Not unilaterally.  With minor exceptions that don't appear present here, once you enter into a contract, you are bound by it (barring fraud, illegality, duress, or other reasons why the oontract would be invalid or unenforceable) regardless of when performance is supposed to commence. ... Read More

A contract is simply an enforceable agreement, thus an invoice or work order to which all parties have agreed is a contract (although it should be clear that it is a binding agreement; if it says something like "this is an estimate only", there could be problems).  The same defenses applicable to any contract are applicable to it, e.g. it was signed under duress, it was procured through fraud, one of the parties lacked capacity, the terms were not sufficiently clear and definite, etc. etc. Most contracts do not have to be in writing to be enforceable, although it is obviously much easier to prove the existence and terms of a contract if it is in writing.  Even where a contract needs to be in writing, however, it is generally sufficient that the writing be signed by the party to be charged.  In other words, if you are suing the customer for breach of contract, it would probably be sufficient that he/she/it had signed; your signature would not be required, but would be required if the customer were suing you (although your letterhead on the top of the invoice would likely be sufficient). In some cases, a statute requires that a particular class of contract must be in writing signed by both parties, e.g. a prenuptial agreement.  The agreements you're talking about don't appear to fit in this category, but I am not a North Carolina attorney and so can't be sure.  More often, the parties themselves do not agree to be bound unless both parties sign, and this is usually reflected in the writing itself.  Thus the document itself will state that there is no contract until and unless both parties sign.  In such a case, both parties would need to sign before a contract is enforceable.... Read More

If you have a basis to hold the individual liable, instead of just the llc, you would oppose the motion on that basis.  If not, the motion would be granted and the claim against the individual will be dismissed.  However, dismissal of the claim against the individual would not result in dismissal of the claim against the LLC, so if the motion is, as you write, only to dismiss the claim against the individual, the claim against the LLC will remain even if you lose the motion, and there will be no need to start another action.  You will proceed to litigate that claim, probably beginning with discovery, i.e. each side obtaining information from the other prior to trial through depositions, document requests, interrogatories, etc.   I'm confused, however.  I don't understand how you can (or would want to) pursue a claim which you have already sued on and won, twice according to you (unless  you're saying that the defendant won both appeals.)... Read More

A motion for summary judgment asked the Court to award judgment on one or more issues, or possibly the whole case, summarily, without a trial.  It argues that, based on facts which are not disputed, the movant must prevail as a matter of law, and therefore there is nothing to be tried. In your case, since the promissory note requires you to pay, you admit you haven't paid and that you signed the promsisory note, and are not claiming that it is invalid for any reason (e.g. fraud, duress, failure of consideration, lack of mental capacity, etc.), the plaintiff is claiming that, based on these undisputed facts, there is no issue to be tried, and it should prevail as a matter of law.  I don't know all the facts, but it doesn't seem as if you have any defense, and I'm not sure what a lawyer could do for you in terms of defending the claim, other than costing you a  lot of money.  However, an attorney may be able to help you negotiate a better settlement than you could on your own.  ... Read More

Moving out of state changes nothing.  If you breach the contract, you will likely be sued for damages and/or specific performance of the contract.  If you lose the suit for specific performance of the contract, the Court will either compel you to sign the deed (on pain of being jailed for contempt of court) or will issue an order which will do away with the need for your signature on the deed by authoriizing a public official (generally a sheriff) to sign on your behalf.... Read More

What does your agreement say?  Does it provide for support until 18 or 21?  Does it require support through college?  In some states, absent an agreement, support would continue until 18 (unless sooner emancipated) and in some states 21 (some states may  have other ages, but most are either 18, 21, or through college).  This law would apply if your agreement is silent as to when support stops, but unfortunately I don't know what the law of North Carolina provides.... Read More

If you have terminated the contract with the subcontractor, they are only due monies for work actually performed.  Monies due over the term of the contract for work to be performed in the future is not likely to be due. However, this depends on the terms of the contract itself.  If the breach of the contract caused damage to you, you may wish to consult an attorney regarding claims for damages that you may have against the subcontractor. ... Read More

The North Carolina State Bar administers a client security fund that is available for payment to victims of lawyer theft.  Assuming there has already been a determination by the State Bar that the attorney acted wrongfully, you may be eligible. You will need to contact the State Bar to get information on the application process. ... Read More

If you're asking about NCAA eligibility, I believe that this would make your son ineligible to play NCAA college sports.  I can't see how it would matter if the agreement was in writing or not. If you're asking whether the equipment company would agree to this, I doubt it.  Contracts with minors are voidable by the minor.  That means your son would be able to opt out of the contract whenever he wanted to, for a better deal of whatever reason, as long as he was a minor.  The company is going to want a signature from one or both parents.... Read More

Yes, you can sue them for breach of contract for not performing the services for which you paid them.  If you can prove your case, you should be able to get your money back, but you will not be able to recover any damages you suffered from losing your job.  Also, you should check your contract with them (look at the paperwork you signed).  It may have provisions which you need to know about, such as a requirement that you arbitrate any dispute, or a limitation on the amount of damages you can recover.... Read More