Breach Of Contract Legal Questions

There is likely a provision in your contract that discusses how to terminate the agreement and what notice is required to terminate and what constitutes a breach of agreement.  If you cannot find any specific clause in the contract that the other side has breached, then termination may be premature.  But you say they have failed to live up to their agreement so that is a default or breach of agreement.  Any material breach of agreement is a default and will be considered sufficient grounds for early termination of the agreement in most cases so long as you communicate with the other side, notify them in writing of the breach, and provide them with a reasonable opportunity to cure the breach.  Even if the agreement does not clearly state it, all agreement have an implied covenant of good faith and fair dealing.  To the extent the abusive behavior of a party of the agreement may be considered a lack of good faith and fair dealing it may also be used as ground for termination of the agreement.... Read More

I'm sorry, your question is somewhat unclear.  There is no universal declaration you can make to immediately end all contracts everywhere.  Each contract will need to be reviewed to determine the terms and responsbilities that you have as a party to the agreement.  Some contracts have penalties for early termination.  I recommend you sit down with an attorney to review your specific goals and objectives and provide guidance as to how they can be accomplished. Best of luck.... Read More

In theory, if you want to spend the money to sue the host, you can, but you will likely spend more than amount you want refunded in the effort. Some people choose that option out of principle, not financial sense, and you are certainly free to do so as you choose. That stated, it seems odd that the host admits they were aware none of the showers worked BEFORE renting to you, but refuse to accomodate you with a refund or some concession. Its a fair bet there is more that than related as thats a fast track to being banned by VROB sites and hosts know that. The option of suing Air BnB as a deep pocket is rarely viable for a variety of reasons starting wth exhorbitant costs and contractual hurdles. ... Read More

If your not willing to just "give it to them" then you are in no position to loan it at all. Period. Fastest way to destroyed freindships is failed money repayment and all a promissory note gives you is a better legal basis to sue if and when they default on repaying you. Which for most people in a bad financial situation is exactly how they got there in the first place and why they will typically stay there after they get your money. If you can afford to walk away from the loan as a good samaritan, then carry on. If you will need that money repaid at any level then don't. First red flag is when professional lenders like banks won't take the risk - its like betting on a horse the bookies won't touch and fantcizing about all the money you are going to win - until the race is run, you're broke and the bookies say "told you so - now you owe the vig"... Read More

The two are not mutually inconsistent.  As a painter, you may have a right to a statutory lien, but I am not sure of Illinois law in this regard (I think it would be an artisan't lien, not a mechanic's lien).  If there is no statute giving you the right to assert a lien, and you have no contract giving you that right, you can only assert a lien after you obtain a judgment in a law suit.  At any rate, the lien only gives you a security interest, it doesn't get paid until you either foreclose on it in a lawsuit or the homeowner decides to satisfy it, usually when they sell the home.  In contrast, if you win and obtain a judgment in a lawsuit, you will not only have a judgment lien on the house (assuming that Illinois works the same way as NY), you will be able to use various collection mechanisms to help you collect on your judgment.... Read More

There is a possibility that the no-refund provision of the conract would be considered an unenforceable penalty by a court, but it is not by any means a slam dunk.  Also, although you may have a short period of time to cancel, it doesn't sound as if you do so.  In general, unless a conrtact expressly provides for it,  you don't have a right to cancel a contract; that would be a breach and, even if the venue couldnt' keep all of your deposit, you would be responsible for any damages it suffered because of the breach, for example if it could only book a smaller event for that date.... Read More

Bassed on the facts in your email, it appears that you would probably have the option of suing in either state (check your contract to make sure that it doesn't have a choice of forum provision, or an arbitration provision) so sue in the one which you think is most favrable/convenient  to you and/or least favorable/convenient to your adversary.  Better though, hire a litigation attorney and let him/her advise you on issues like this.... Read More

Assuming that the word "competitor" is not defined in the contract, I think your business would be a competitor.  However, if the provision is really a 32 year ban on competition, there is almost no chance that a court would enforce it.  Even if that was a typo, and the bar is only for 2 or 3 years, there is still a good chance that a court would find this provision overbroad and unenforceable, depending on  the particular facts of your situation and your industry (just for one example, the clause is much more likely to be enforced it it was entered into as part of a sale of your business, or the assets of your business, to your former employer, than if it was simply part of an employment agreement).  The problem is that you may not have the resources to fight your large former employer.  If you can afford it, I think you'd be wise to hire a Texas atttorney to review the actual contract and advise you.... Read More

You need to look at the specific terms of your lease agreement.  It usually has provisions which specifically address penalties for early termination.  You may also be able to negotiate the issue with your landlord.  Make sure you get any agreement signed and in writing.  Ultimately, you may want to retain an attorney for this transaction depending on what is at stake. Best of luck.... Read More

Anybody can sue anybody, but that doesn't mean that every suit has merit.  If you operated the llc properly as a separate entity, you would not be personally liable for its contracts.  However, you could be liable for any assets you take out of the llc which leave it unable to pay its creditors, which could include the people with whom the llc contracted who may suffer damages due to the llc's failure to perform the contract.  Also, I don't know why you want to dissolve the llc.... Read More

That sounds like a very frustrating situation.  Generally speaking, you could probably sue the contractor in your county rather than his county, but there are facts that could change the answer. For example, some contracts require that suit be filed in a particular county. Your question doesn't state whether you have a written contract with the contractor or, if you do, whether the contract limits where a lawsuit can be filed.  It is also not clear whether your contract defines when the work must be completed. The proper county for filing suit can vary depending upon the claims in the lawsuit and other facts that are not included in your question.  Finally, there may be reasons that you would want to file suit in the contractor's county. Some counties may be better suited for your lawsuit than others. The best course of action is to find a local lawyer who can advise you about your specific situation. Your lawyer can advise you where you can file suit and also where you should file suit.  Best regards.... Read More

This is a serious legal matter.  Generally, contractors are paid in step payments as the progress takes place.  Here, it sounds that you paid the contractor in advance.   You need to find a local attorney who will file a lawsuit against this contractor.  Not only are out the money you paid the contractor for the incomplete job, but you are now paying expenses for living expenses elsewhere, plus the emotional distress this has caused you.  You need to take legal action as soon as possible.  You are on the side of the angels, not the contractor.... Read More

The answer is likely going to come down to the terms of the purchase agreement, and agreement to hire the roofing company.  It sounds like the subsequent buyer was trying to take advantage of the situation.  I recommend sitting down with an attorney in your area to review everything and advise you of your options. Best of luck.... Read More

The lawyer either already has, or is trying to, have the Default set aside. If this happens, the case will then be decided on the facts and your default will not matter. Whether or not the defalt has been set aside, you should speak with a lawyer now to be in the best position to win your case.... Read More

It would be best if you had their Legal Name, rather than just suing them in small claims court with the generic Unknown Roe Corporation (which you can do). Send a friend into the store, their business license needs to be posted on the wall, it will have their legal name. Review county records, on line, you should be able to find their business name. Check with county records to see if they filed a DBA. See if you can find their website, and check for contact information. Check with the Secretary of State, and search business names, which in most case will give you the name of the owners. Good luck.... Read More

Yes.  The case would cover all damages caused by the contractor's breach, inclduing both the additional money you will have to pay to complete the job for which the contractor was engaged and the damages caused by the errors (which can be either the cost to fix or the diminution in the home's value, depending on the exact facts.  However, there may be lower courts where jurisdiction is limited to under $25,000, or a similar sum, so you have to make sure that you sue in the right court.  You can't do this in small claims court, for example.... Read More

It's very unlikely that an established attorney would handle this type of case for a set fee, because the attorney has no control over how much time he/she willll have to put in.  It may be that a settlement can be reached right away, or the defendant may insist on taking numerous depositions and making numerous motions, all of which the attorney would have to spend time on.  It's even less likely in a $20,000 case, since the set fee would have to be pretty low.  You might have a better chance if the contract required the loser to pay the winner's attorneys' fees, and the fee could be a set amount plus whatever the court awards as attorneys' fees.  Then if the defendant drags the case out, the lawyer could at least have a chance of recovering for the extra time.... Read More

There is no way to give you a complete answer without seeing the contract. In general terms, under New York laws contracts may include a force majeure clause or alike provisions that allow a party to recover payments in advance. Additionally, under New York consumer laws, if this was a payment for future services you may have a viable claim to request the refund. ... Read More

Anyone can sue anyone, the question is if they have a good claim.  Here, depending on what exactly your contract provides,  it appears that the venue does have a good claim.  With the exception of some statutory rights to cancel some kinds of contracts before a short period of time has expired (usually 3 days), or if the contract itself allows for cancellation under certain contingencies, you don't have a right to cancel a contract.  You are obligated to perform your contracts, and if you don't you are liable for the damages that your breach causes the other party.  For example, some contracts to buy real property have a mortgage contingency clause which allows you to cancel the contract if you're not approved for a mortgage, but absent such a clause you are liable to buy the house, mortgage or not.  If you move out of an apartment 3 months before the lease is up, you're still responsible to pay the last 3 months rent.  If the venue is able to book another event for the time yours was scheduled, the amount  you owe may be reduced by the amount the venue receives, and if it gets as much from the new booker as it would have from you, you may not have to pay any damages, but if not you could be liable for the full amount of your contract, minus any expenses the venue saves by the cancellation.  You should probably consult a Missouri attorney.... Read More