Breach Of Contract Legal Questions

The texts between you may well have created an enforceable contract, but it doesn't matter because that agreement was superceded by the written contract you signed subsequently, which controls and contained nothing about "first choice."  In fact, just to make things worse, it is likely that the written contract, as many do, provided that it represents the parties' entire understanding and supercedes any prior agreement.... Read More

Without knowing what your non-compete provides, it is impossible to know whether your side job would violate it.  HOWEVER California prohibits non-competes except in special circumstancss (such as ehen the person prohibited from competing sold the business he or she would now be competing against).  See California Business and Professions Code section 16600 et seq.  So, assuming that your agreement is governed by California law, and that there are no special circumstances present under which a non-compete is enforceable in California, even if your side job would violate the non-compete, that provision is unenforceable.  Of course, that doesn't mean that your employer will be happy if it finds out.  Also, regardless of any non-compete, you can't use your employer's proprietary information (trade secrets) in your other job.... Read More

This is an unfortunate issue, and I'm sorry that you have had a bad experience with a contractor. I would be happy to discuss this matter with you and your options for moving forward. Please call my office to set up a time for a consult. Nicholas Froning 2166213012.    Best, Nick ... Read More

Your ex has breached a contract to repay your loan, so I seeno reason why you can't sue him.  While NY law applies to this contract (good for you since I believe NY has a longer statute of limitations, which would run from the date of the last payment), I don't see why you would sue him in New York, and am not even sure that New York courts could exercise jurisdiction over the matter now that you both live in Florida.... Read More

That depends on the parties' agreement.  Here, it doesn't seem as if you ever discussed the issue.  In my opinion, unless the parties specifically agreed otherwise, the obvious understanding was that the deposit was nonrefundable, because what was the purpose of the deposit if it was intended to be refunded if the buyer backed out?  However, a court may disagree and may find tha thte deposit was intended to be refundable, particularly if it is customary where you live that such deposits are considered refundable.... Read More

If the bank or finance company was willing to loan the money to your friend alone, they would not have needed you to be a co-signer, so it is very doubtful that they will let you out voluntarily.  However, some states have statutes which allow people to back out of certain contracts within a short period of time (if you do so your friend probably will not get the loan).  You should contact your local consumer affiars agency to see if SC has such a statute covering this situation.  Hurry, because the period is generally around 3 days.... Read More

if you breach the contract, you will be liable for the damages caused by the breach.  If the bank can sell the house, it would be the difference between the price it gets and what you agreed to pay, plus interest, as well as any costs the bank incurred preparing for the closing  Also, I would assume that the contract includes an attorneys fees provision making the breaching party responsible for the other's attorneys' fees in litigating the case.  If the bank is unable to sell the house, you would be responsible for the entire purchase price, minus the fair market value of the house.... Read More

That depends on what the lease says.  Does it allow termination?  If so, on what basis?  Does it provide for what happens in the case of a sale?   Assuming that the lease does not allow termination due to sale, if this was NY (and I suspect things work the same or similarly in IN but you should check with an Indiana lawyer) I would advise you to, ASAP, record your lease as an encumbrance on title with the county clerk.  It will then turn up on any prospective purchser's title search, and should keep anyone from buying until and unless you reach a deal with regard to your lease or it expires.... Read More

it is of course not legal for anyone to take out a loan in your name that you had not consented to, or to misrepresent to the bank that you had consented.  However, you are deemed to have read and undersdtood anything you sign.  If you, in fact, signed such a consent, you will have a hard time getting out of it and, even if you succeed in negating your contract with the food service due to fraud (very unlikely in NY but Texas law may be more sympathetic), you will still be obligated to the bank, unless the bank had reason to know of the fraud.  You may be able to get the food company to pay you back for any losses you suffer on the bank loan, but if it can't pay, you will still be on the hook.... Read More

If you borrowed money, signed an agreement and have not paid according to the agreement, you can certainly be sued.  Whether anyone else can be sued could be answered more specifically after the loan agreement is reviewed. Your husband is not liable for your debts automatically because you are married.  It is possible that you alone gets sued for breach of the agreement. ... Read More