Delaware Contracts Legal Questions

It is not true that a spouse can sign any contract on behelf of his/her spouse, but it is true that you can authorize anyone to sign your name and bind you.  Since your spouse signed the contract in your  presence and you allowed it, your spouse would likely be deemed to have been authorized to do so.  Moreover, even if you were not deemed bound by the contract, your spouse almost certainly would be, having signed the contract; the fact that the printed/typed name was yours rather than your spouse's would probably be considered immateral.   If your spouse had signed the contract without your knowledge or consent, you would probably not be bound (I say probably because there are sometimes circumstances where a spouse can be deemed an authorized agent, or you, by failing to protest in a timely fashion, can ratify it), but your  spouse certainly would be.... Read More

You should call the clerk of the small claims court to ask these questions, because small claims court rules are sometimes different.  The first thing you should ask is whether you can sue the Delaware theater in Branson small claims court because (even assuming that you would have jurisdiction in a Missouri court of general jurisdiction, which is not certain) small claims courts often have limited jurisdictions where you can't sue someone from out of state.  Also, the small claims court may not handle claims as large as $8,500.  Also, in general, an llc is a separate legal entity, so you would not be representing yourself, and therefore you can't represent the llc  unless you are an attorney.  I think you can sue a non-profit in small claims court, but again the clerk can tell you definitely.... Read More

The limitations period on a breach of contract runds from the date of the breach, not the date of the contract.  If the breach occurred on March 10, 2014 at 12 P.M., you would (absent some basis for tolling or extending the limitaitons period) have to commence an action for breach by 11:59 P.M. on March 10, 2017.  Don't take the chance; file on March 9 or sooner.  You can amend the complaint later if you need to.... Read More

Your mother may be able to cancel the contract, although it is doubtful because, while you may not have had actual authority to enter into the contract, you may have had what is known as "apparent authority", in other words because you were living there, the installer may legally have been entitled to rely on your authority to contract for work to be done there.  Your mother could then sue you to pay her back for what she has to pay the installer.  Even if your mother can cancel, however, that wouldn't get you off the hook for any damages the installer incurs because of your fraud (representing that you  had authority to enter into this contract when you did not).... Read More

The vehicle being titled in your name is a very strong piece of evidence in your favor. This will very likely win the case for you, if he does actually file a lawsuit. You will also need to reject his claim that you had an agreement to pay him back for the car. He is trying to claim a contract exists between you two, and you just need to show proof that there is no contract. He may be able to file a lawsuit against you, but it is unlikely that he will win.... Read More

Non-payment of a debt (other than an obligation to pay imposed by a court order, such as the obligation to pay child support, or an order requiring restitution fora crime) is not a crime.  There may be harsh civil penalties for not paying a debt, such as a ruined credit rating, the garnishment of your wages, etc., but you will not be jailed for simply not paying a debt.... Read More

Please visit: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=contracts%20newark%20delaware   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More