Contracts Legal Questions

Without more information, it is probably unlikely that someone can sue for any gifts to another. That said, a cause could be built upon a theory of unjust enrichment. However, that would depend of the specific facts of the case. The fact that two people are dating alone is not enough. ... Read Answer

It's going to cost you a lot more to pursue a legal claim against your cousin than you would recover.  Probably cause a lot of bad blood in the family too.  Can you? Perhaps.  A detailed analysis of the situation would be needed for a definitive answer.  Is it worth it? Probably not.... Read Answer

Without seeing the contract and estimate it is very difficult for an attorney to advise upon.  You may hbe able to sue for "specific performance" and/or claim a breach of contract.  Finally, I would remind you that because of the pandemic, building materials are in short supply and on back order everywhere. This may just be a  case of patiently waiting.  Please feel free to contact us for more information and/or assistance. 203.870.6700... Read Answer

Can it be binding? Yes.  Is it binding in your case? Maybe, maybe not.  A lot goes into the analysis of whether or not a valid contract was formed.  Generally speaking, a valid contract requires an offer, acceptance, and the terms spelled out in sufficient detail.  Even if there is a valid contract, you may have other options available to you if you can no longer sell the property, etc.  I recommend sitting down with an attorney for a full consultation to advise you of the law in your particular circumstance. Best of luck.... Read Answer

I guess theoretically you have a case for a declaratory judgment that you do not have to reimburse your employer if you leave, but I don't know why you'd sue.  Just leave.  If your employer tries to sue you for reimbursement, which I doubt, you have the original contract to show that you have no such obligation, and if your supervisor could get into a lot of trouble if he tries to use a forged document or lies under oath.... Read Answer

Your agreement should be enforceable IF YOU CAN PROVE IT, which will be very difficult (assuming the family opposes you) after your bf passes.  The fact that you made all payments doesn't really prove anything, since you could have been paying him for the use of the car, or many other explanations.  Moreover, if Arizona still has the Dead Man's Statute (this is an ancient law still in force in many states, including NY, but I don't know if AZ still has it) you will be barred from testifying as to any oral agreements you had with your deceased bf, although you will be allowed to present documentary evidence if you have any.  The best thing for you would be to have your bf sign over the car to you now, or execute a will leaving the car to you, or at least sign an affidavit attesting to your agreement.  You need to have some proof of the contract beyond just your word.... Read Answer

First, if the 1099 designation is correct, you are an independent contractor, not an employee.  Second, yes you can sue the distributorship for breach of contract, and many states also have statures requireing timely payment of compensation, which may include the right to addditional compensation (e.g. double or treble damages) and/or reimbursement of attorneys fees.  I don't know if WI has such a statute.  There's no guarantee that you'll win, but if you have a written contract which doesn't say anything about needing to be there for the install to earn the commissions, your chances are probably pretty good.... Read Answer

Sorry - but thats not a dealership/sellers responsibilty. If your brother didn't know he can't piut both legs on the pegs of a motorcycle and can't pass the driving test that was his responsibility to figure out BEFORE he bought a motorcycle. At this point he will need to try to find a way to settle this issue or resolve it while minimizing his credit damage. There are unfortunately no "do overs"on such transactions. ... Read Answer