Breach Of Contract Legal Questions

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Breach Of Contract Questions & Legal Answers - Page 9
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Recent Legal Answers

Nothing from a legal sense. This is a poltical issue. 
Nothing from a legal sense. This is a poltical issue. 

Can we get our property back?

Answered 6 years and 6 months ago by attorney Bruce Robins   |   1 Answer
You may be able to get your property back if the buyer knew or had reason to know of your option for example if you recorded it with the county clerk. as an interest in the property. If the buyer had no reason to know of your interest, however, you are probably limited to recovering money damages (the amount the value of the property exceeds $500) from your daughtee. ... Read More
You may be able to get your property back if the buyer knew or had reason to know of your option for example if you recorded it with the county... Read More
What do you mean "sponsor?"  Are you just talking about sponsorship in relation to immigration status or did the school vouch for the student's character and/or creditworthiness to you?  Did the school co-sign or guarantee the lease?  Do you have any sort of agreement with the school regarding leasing space to its students and if so what does it provide?  If you have no contract with the school making it responsible in some way for its students conduct, and if the school did not make any misrepresentations to you about these students, then I don't see what basis you have to hold the school liable for the students' obligations.... Read More
What do you mean "sponsor?"  Are you just talking about sponsorship in relation to immigration status or did the school vouch for the student's... Read More
What was the basis for denial of the claim?
What was the basis for denial of the claim?
Even though you did not say so, I am assuming that it refused to honor the warranty because it claimed that you did not change the oil on a timely basis and/or you don't have proof of the oil changes that you claimed you made. You need to read the warranty contract to see what is says about the conditions of coverage.... Read More
Even though you did not say so, I am assuming that it refused to honor the warranty because it claimed that you did not change the oil on a timely... Read More

Breach of contract and commission no paid

Answered 6 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
You will likely need to spend some money to hire a lawyer to demand she pay you or if needed to file suit to force her to do so. 
You will likely need to spend some money to hire a lawyer to demand she pay you or if needed to file suit to force her to do so. 

Strategic default or just walk away

Answered 6 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
In reality there is no such thing as a strageic default. You will still owe money to the repair shop and the lender if the RV is upside down. This may result in lawsuits against you and credit damage. You also need to know the renting out an RV that is financed may also be breach of both the finance contract and your insurance contract. ... Read More
In reality there is no such thing as a strageic default. You will still owe money to the repair shop and the lender if the RV is upside down. This... Read More
You can sue for the money.
You can sue for the money.

Do I need a Delaware attorney?

Answered 6 years and 7 months ago by attorney Bruce Robins   |   1 Answer
Depends. If you have a lawyer you trust, you can use him/her, but if the matter goes to court you’re going to have to use a Delaware attorney, either alone or s co-counsel to your first attorney.  If you have no particular relationship with an attorney yet, you might as well start with a Delaware attorney / it would be cheaper. ... Read More
Depends. If you have a lawyer you trust, you can use him/her, but if the matter goes to court you’re going to have to use a Delaware attorney,... Read More
The roofer is clearly not going to refund your money voluntarily.  I doubt that he has it.  Your best recourse is probably to sue him, although it sounds as if you may have a hard time collecting even if you obtain a judgment.
The roofer is clearly not going to refund your money voluntarily.  I doubt that he has it.  Your best recourse is probably to sue him,... Read More

How do I enforce my contract when Iโ€™ve had a wrongful termination?

Answered 6 years and 8 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
This sounds like a breach of contract. You need to consult with an attorney in your area who can represent you.
This sounds like a breach of contract. You need to consult with an attorney in your area who can represent you.
You will need to move past the "consultation" aspect and get right into hiring a lawyer immediately. These cases need to be addressed BEFORE the go off the rails into litigation. 
You will need to move past the "consultation" aspect and get right into hiring a lawyer immediately. These cases need to be addressed BEFORE the go... Read More
One of the conditions of coverage for auto warranty contracts is that you changed the oil at the recommended oil change mileage. This generally requires that you prove that you change the oil at that mileage. What you are telling me is that on some ocassions you changed the oil yourself but have not proof of that. There might be some things that would verify that you changed the oil: (1) sales receipts from the store where you purchased the new oil and oil filter and (2) a read out of your auto computer where the "reset oil" light  was reset. I don't know that this is any help but call me if you want to discuss this.... Read More
One of the conditions of coverage for auto warranty contracts is that you changed the oil at the recommended oil change mileage. This generally... Read More
There are two obligations here, one you made to the lender and one you made to your son.  You are obligated to comply with your committment to the lender, which hasn't breached the contract.  Your son, however, has breached the contract, causing you damages in the form of payments you have to make to the lender; you can sue him for those damages.  Unless you had some sort of agreement with your son that he would transfer title to you if he defaulted, and can prove that agreement, I don't think that you can compel him to transfer the car to you.... Read More
There are two obligations here, one you made to the lender and one you made to your son.  You are obligated to comply with your committment to... Read More

What type of lawyer do I need when dealing with mold in an apartment and trying to move out of my lease

Answered 6 years and 8 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
The presence of mold, depending on the type, amount, location, etc., may render the apartment uninhabitable. It also will depend on if you created the mold.  You can send a letter (certified mail, return receipt requested) to the landlord advising them of the presence of the mold and give them a time period to remove it and if they do not remove it, then you are going to move out. If they do not remove it, then move out sending the landlord a letter explaining why. You can read about landlord and tenant law in Tennessee through Google.... Read More
The presence of mold, depending on the type, amount, location, etc., may render the apartment uninhabitable. It also will depend on if you created... Read More
This is a contract dispute issue with a starting point that what you signe controls. If you refuse the deal now you will need to spend more money on lawyer trying to back out of the deal whcih may equal or exceed the amount in dispiute unless the sofa is exceptionally expensive. 
This is a contract dispute issue with a starting point that what you signe controls. If you refuse the deal now you will need to spend more money on... Read More
Yes.  If you had insurance.
Yes.  If you had insurance.

can my daughter break an apartment lease?

Answered 6 years and 9 months ago by Patrick Johnson (Unclaimed Profile)   |   1 Answer
If she signed the lease agreement, then she is liable. If she did not sign, then she can walk away. Otherwise, you need to read the lease to see if there is a way for her to legally end the lease. If she did sign the lease, then she might go to the apartment management and explain the circumstances to see if they are willing to end the lease.... Read More
If she signed the lease agreement, then she is liable. If she did not sign, then she can walk away. Otherwise, you need to read the lease to see if... Read More
You are not going to be able to remove yourself from these loans.  That's why they get co-signers - so if the primary person defaults or declares bankruptcy they can come after you.  That's why you should be really careful about who you co-sign things for, because you are basically assuming their responsibilit for the debt.  If you can't pay it, the only way out will probably to declare bankruptcy like she has done.  There are also some agencies that may help you negotiate it down to a smaller amount, if you would otherwise default on it.  But be careful because I think some of these places may be scams.   ... Read More
You are not going to be able to remove yourself from these loans.  That's why they get co-signers - so if the primary person defaults or... Read More
You did not post your locality, and C of O issues are local law.  In general, you are going to have to have an architect or engineer file and have the changes inspected, or you are going to have to remove them to comply with the C of O in effect.
You did not post your locality, and C of O issues are local law.  In general, you are going to have to have an architect or engineer file and... Read More
Not sure where you live but there are many lawyers in your area who can help you. You need to call them and talk with them.
Not sure where you live but there are many lawyers in your area who can help you. You need to call them and talk with them.
Yes, it is legal.  However, these items are worth nothing to the buyer.  They do not get the money in the account or the company.  Offer a few hundred bucks to take it if they did not throw it out.
Yes, it is legal.  However, these items are worth nothing to the buyer.  They do not get the money in the account or the company. ... Read More
If you are in NYC, call 311 and see if it is a violation of some kind. If not, then you have no claim.
If you are in NYC, call 311 and see if it is a violation of some kind. If not, then you have no claim.
You should have hired a lawyer.  You did it wrong. You can make a motion to vacate the default, but you need to prove a meritorious defense in your motion.
You should have hired a lawyer.  You did it wrong. You can make a motion to vacate the default, but you need to prove a meritorious defense in... Read More

Does a "majority recapitalization" constitute as a "sale?"

Answered 6 years and 10 months ago by attorney Bruce Robins   |   1 Answer
You speak of a sale "as defined in my agreement".  Was the term defined in the agreement?  For example, would an asset sale trigger your rights or only a stock sale? If the term was undefined in your agreement, a court is going to have to determine whether this situation fits the meaning of sale as used in your agreement.  If the owners were paid to sell a controlling interest in the company to an unaffiliated person or entit I think acourt is likely to consider it a sale.  if, however, the transaction was that THE COMPANY sold equity and the owners received nothing directly, a court may consider that differently.  There are a lot of other scenarios for the transaction you describe, each structured slightly diff4erently which could come out either way. If the company is claiming that no sale occurred, why did you receive any bonus? ... Read More
You speak of a sale "as defined in my agreement".  Was the term defined in the agreement?  For example, would an asset sale trigger your... Read More