Hawaii Contracts Legal Questions

There is more information needed in order to provide you with some guidance.  First, is the business still in the leased space? When did the business turn over the keys?  The landlord can probably charge for time before you compeletely vacated the unit.  Second, what specifically is the landlord asking for money for:  repairs, cleaning, etc.  Did the landlord provide estimates of repairs?   What does your lease agreement (the contract) say about what the landlord can retain from the security/damage deposit?  Read the lease agreement carefully to see what it says about what the deposit can be used for by the landlord.  Third, what does the lease agreement say about what condition you must leave the unit in when you vacate the unit?  Did you take pictures of the unit to document its condition?   These issues tend to be very facts specific, not only the words in the contract, but the facts related to the condition, and what the landlord can expect your performance to be under the contract.   ... Read More

It sounds like you started negotiations with this large business.  Before you go any further, you and this large business should sign a non-disclosure document, where both of you agree to keep all information confidential.  You don't want them to steal your receipe.  You really should find a Business Attorney, who handles mergers and acquisitions to help you.  The sale can be structured based on the negotiations between the large business and yourself.  It is not uncommon to ask for an upfront payment followed by royalities.  However, I would think that larger business would prefer a single payment as to avoid the paperwork and time in issuing periodic royality payments.  Again, this needs to be negotiated.... Read More

This is an interesting situation, and frankly I'm not 100% sure how it would come out.  My feeling, however, is that it depends on what you agreed to when you took the bag back.  You didn't give her the value of the bag - you gave her the bag.  She didn't want it.  On just those facts, I don't think you would be liable.  However, if, as you seem to be saying, she gave you the bag with the understanding that it would be exchanged for a gift to her of similar value, then I think you would breach that contract by not doing so.   BTW, there is proof that the gift was given to her.  In addition to her testimony, there is you admission in your email.  While I doubt that your ex will find this statement and present it to Court, it would nevertheless be very stupid for you to risk a perjury charge by denying that you gave her the bag.... Read More

I'm sorry for your loss. Your friend's death does not extinguish his estate's obligation to abide by your agreement.  All valid debts must be paid before any bequests are distributed, and you can sue the estate to enforce the obligatin.  However, if your friend didn't leave enough money to pay you back, then you are out of luck.... Read More