Oregon Contracts Legal Questions

If the lease was for a year, it ended.  There is no need for you to have your name removed from a document which is no longer in force.  Assuming that the lease or any guarantee you signed does not provide for any continued responsibility after its initial term expires, like a holdover (read it carefully to make sure it doesn't), and that you are not occupying the leased premises, you are no longer liable.  You agreed to the lease.  Any arrangement for occupancy beyond the lease's term is between the landlord and the tenant, i.e. your grandson.  .... Read More

What does your contract say?  Does it provide that they must provide you with a unit that stacks securely with your dryer?  Does it have a provision for what happens if an identical unit is not available?  It is not a question of "shouldn't", it is a question of what the contract provides.... Read More

The VA is a competitor within the meaning of the contract if the contract says the VA is a competitor.  That is what you agreed to.  If you agree not to eat meat for a week, and your contract defines meat as including tuna, you breach the contract by eating tuna.  However, I have substantial doubt about the enforceability of this provision, as non-compete provisions (which is what this is; the liquidated damages are only a remedy for the breach of the non-compete) are looked at very skeptically by the courts (although they are more likely to be enforced against employees with special skills, like physicians).  My gut is that keeping you from working for the VA is not protecting any legitimate interest of your employer, the 70 mile radius will be considered too wide an area, and there would certainly need to be a time limit on the non-compete for it to be enforceable.  Moreover, in the jurisdictions with whose law I'm familiar (which doesn't include Oregon, but I suspect it's the same) liquidated damages are only enforceable if (a) it would be difficult or impossible to calculate the actual damages caused by a breach; and (b) the liquidated damages amount reflects an honest attempt to approximate what the actual damages would be.  This clause seems to violate part 2.... Read More

Once you make a contract, you do not have the option of rescinding it just because it turned out not to be as favorable to you as you thought.  Refusing to perform the work required by the contract is a breach, whether you offer a refund or not.  If your customer suffers damages from your breach above the amount you refund (for example, if your client has to pay more to another business to do the work you contracted to perform, you could be liable for the difference.) Mind you, I don't know the details of the negotiation, execution, or performance of the contract.  I don't know why the work turned out to be more than you expected, whether it was because of a mutual mistake or your client defrauded you.  I don't know whether your client will suffer any damages at all if you refund the money.  In other words, there may be defenses available to you that I can't determine from your question.  However, just deciding that too much work was involved and offering a refund does not avoid your contractual obligations.... Read More

Punitive damages are typically very difficult to receive.  You should speak with a local attorney to determine what remedies are available in your state. 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

It depends on the the circumstances. If you are seriously ill, alone and not able to make medical decisions for yourself (because you are unconscious or otherwise), a health care provider may have a duty to attempt to contact someone who can make those decisions. They will be expected to search their records to see if such a contact was provided by you.... Read More

If you had an agreement to buy the IPads, the seller cannot just back out of it.  However, absent something in writing, it will be difficult for you to prove that you had a binding agreement.  Also, even if you can prove the agreement, you will need to prove that you were damaged by the breach (assuming that the IPads are already gone to the other party and cannot be recovered).  This would mean that you would have to prove that the IPads were worth more than the $200 you agreed to pay for them, in which case you could collect the difference between $200 and what they were worth.  Frankly, it doesn't sound as if the sum at issue is worth the hassle and possible costs (filing fees, etc.) involved, especially since there is no guaranty that you would win.... Read More