Massachusetts Contracts Legal Questions

The answer to "can I sue ..." is always yes.  Anybody can sue anybody for anything, although some cases may be dismissed before trial if they are legally defective.  I see nothing apparent in your email that indicates that you would not make it to trial.  If you received below standard services that would be a breach of contract, and you might be able to get your money back or, if you have received the services and can't return them, the difference in value between what you paid for and what you received.  That is assuming that the judge or jury agrees with you that the work was below standard.  Also it is not clear who you contracted with.  If, for example, you contracted with xyz photography, inc., and xyz photography, inc is now out of business, it is doubtful that you will be able to collect on any judgment you obtain.... Read More

If the person "makes a scene" at your place of business, you can call the police, and they will handle the  matter as they deem appropriate.  If the person defames your business, you can sue her for defamation.  However, everyone has a right to voice their opinion; only an intentional misstatement of fact would be actionable.  Thus, for example, "this spa treated me horribly" would not be actionable.... Read More

No, but you have little to lose by doing so.  I'm not familiar with Massachusetts law, but if it is like New York, the other side would have a certain period of time after they were served in the small claims action to assert the defense of an arbitration agreement.  If they did so, they would win (unless you have some basis for invalidating the arbitration clause) and you would have to start an arbitration, but they may choose not to do so for the same reason you don't want to arbitrate.  If they don't raise that defense in a timely fashion, the matter would be litigated in small claims court.... Read More

"Entire agreement" when used in a contract drafting context usually refers to limiting the terms of the contract to what's contained within the four corners of the contract document itself (i.e excluding all other oral or written extraneous documents or discussions) Future hotel policy changes should not be of concern if the parties bargained for and agreed (signed) on whatever terms for the duration of the contract. Anyone who breaches those terms when the contract is executory (in full force) is liable to the other for damages stemming from such a breach.... Read More

A Participation Waiver is a quid pro quo contract (I'll let you participate only if you release me from all liabilites) is perfectly legal in MA and enforceable for Ordinary Negligence but does not protect a tortfeasor for Gross Negligence (failure to adhere to the standard/duty of care of a foreseeable event)... Read More

A proper agreement after marriage would be as binding as a proper prenuptial agreement.  The problem is, once you are married, you have no guaranty that your spouse will sign such an agreement.  It may not be best for your personal life, but if your fiance refuses to agree before marriage, you do not have to get married, and he/she would have no claim to the money.  Once you get married, however, your spouse may have a right to a share of the money, and can refuse to give it up. ... Read More

Given that you didn't sign or initial any terms or conditions related to engaging with this vendor, you should be entitled to a refund equalling your entire payment (especially when they incurred no loss.) First ask for such a refund through a demand letter addressed to the vendor (with return receipt confirming delivery) giving him 30 days to refund your payments in full or be ready to challenge in court a violation of MGL chapter 93A for unfair and deceptive practices. At the expiration of the 30 days, if no response is received, you can file in Small Claims (including the demand letter and return receipt) and possibly get multiple damages (up to 3 times) if their actions were found to have violated 93A.... Read More

If you contract with a corporation, it should sign the contract by a representative (generally an officer).  When you contract with a corporation, it is the only entitly bound by the contract, and not the individual corporate representative who actually signs, or any individual owners or employees of the corporation.  Thus, one often used format for the corporate signature on the contract would be "XYZ Corp.", underneath that a signature line, and underneath the signature line the name and title of the corporate representative who signed on behalf of the corporation (e g. "John Doe, President." ... Read More

The contract you have signed appears unenforceable because it fails on all important elements required to make it enforceable. A contract requires Offer, Acceptance of Offer, and Consideration plus lack of any defenses that can be raised about its formation (i.e. made under Duress in this case) First, you do not mention what was offered? (i.e. if you do this, I'll do that) what if anything you presumably get in return? (if you do all of the above) Second, Acceptance there isn't one because ther isn't any Offer to accept, and Third, Consideration (i.e. the bargained for exchange) what exactly you get from entering/binding yourself to its terms. Here, notwithstanding the above and additionally, anyone who thinks they have a valid enforceable contract should face the defense of Duress (in its formation) that you can raise at any legal proceeding. Most importantly, Every contract executed in Masssachusetts comes with the Implied Duty to Negotitate in Good Faith, something not adhered to in this case.... Read More

Your roommates could probably sue you and win if you leave without an acceptable sublessee. Of course, it might depend on what you have already signed; however, even absent a signed lease on your part, they might still win based upon your prior conduct. This is not intended to be legal advice, and is general in nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of Lexis-Nexis or its affiliated companies.... Read More