North Dakota Contracts Legal Questions

If you have a valid contract, the owner can't change any of the terms without your consent  unless the contract provides that he can.   Thus, for example, if the contract provided that you can farm such acres as the owner shall designate, he could change the acreage.  If there is no provision giving him the right to change the terms, however, then he cannot legally do so. I see no reason in your email why your contract should not be valid, but the law may be different in North Dakota.  Your contract is in writing and signed, and in the states in which I practice would not require any further formality to be valid.  Again, it is possible that North Dakota law would require that the contract be witnessed, notarizede, or some other formality, but I would doubt it.... Read More

You can sue your ex-boyfriend for his breach of the contract to repay the loan you made to him.  However, after four years, the statute of limitations on your claim may have run out (I don't know what the statute of limitations for breach of contract is in North Dakota, but some states' limitations period for such claims are shorter than that.)... Read More

Most contracts do not have to be in writing to be enforceable.  You don't say what the contract is for, and I am not specifically familiar with ND law, but the following are some categories of contracts which have to be in writing under the law of most states:  contracts which cannot be performed within one year,  contracts for the sale of real estate, and contracts for the sale of goods for over $500.  There may be some other types of contracts which have to be in writing under ND law, but those you can be pretty sure about. However, even where the law requires that a contract must be in writing, there are exceptions which may apply to your situation.  For example, if the contract has been partially performed, and the performance can only be explained by the existence of a contract.  Also, if you detrimentally relied on the other side's promise (i.e. spent money or time based on the oral contract, which you did here), he may be estopped to deny the existence of the contract.  However, if both sides understood that they would not have a binding contract until there was a signed, written agreement, then you are probably out of luck.... Read More

First you should have a local attorney look at the contract for you. This way they can tell you if the contract terms are, in fact, what you expected. The attorney would be able to tell you if the decorator is entitled to those charges or not. Next, if she is not entitled to the charges, there is actually no breach of contract unless she quits or refuses to complete the contract. Simply asking for extra payments isn't a breach, by itself.  Something you can do right away is to demand "reasonable assurances." You demand reasonable assurances by sending a letter stating that you do not believe that you are required to pay the extra charges, and ask if she still plans to fulfill the promise of working the wedding without those actual payments. With no response or a response of no to this letter, it would put you on a much better legal ground to receive your deposit back.  At this point you could sue for a breach of contract and seek the return of your deposit.  You should know, however, that the question of "who breached first" is critical here, and it is usually very dependent on the circumstances of your case.  Therefore an attorney should help you prepare the letter, as well as evaluate the contract.... Read More