texts: Striking a "ready willing and able" clause from an Estate Agent's contract

texts:
I'm about to instruct an Estate Agent for the sale of my house.
I asked for a draft of the contract and found that it included a "Ready, willing and able" clause.
Full text:

You will be liable to pay
remuneration to us in addition to any costs or charges agreed if
at any time contracts for the sale of the property are exchanged
with a purchaser introduced by us or another agent during the
sole agency period; or with a purchaser who became aware of
the property through our marketing during that period; or where
we have introduced a ready, willing and able buyer (see 6).

READY WILLING AND ABLE: A buyer is ready willing and able
if they are prepared and are able to exchange unconditional
contracts for the purchase of your property. If such a buyer is
introduced by us in accordance with your instructions our fee will
become due even if you subsequently withdraw from the sale
and unconditional contracts for sale are not exchanged.

I find this an unreasonable clause, and various online sources agree with me.

https://www.tpos.co.uk/news-media-and-press-releases/press-releases/item/ready-willing-and-able
https://hoa.org.uk/campaigns/ban-unfair-contracts-with-estate-agents/
https://propertyindustryeye.com/avoid-ready-willing-able-purchaser-clauses-sellers-told/

I'm expecting to simply tell the estate agent that I'm not willing to sign such a contract and that they need to strike that particular clause from the contract.
A variety of questions around this:

Are such clauses still normal, or is this a relic from the past (as implied by the resources I've see online)
Should I expect them to put up a fight, or is this something that they're trying on and will probably cave as soon as I push.
Is there anything more concrete I can say about the clause. The linked resources seem to conclude that such clauses ARE legal ... just distasteful.


texts: Is attempting (committing) suicide a crime?

texts:
This post: https://law.stackexchange.com/a/7700/1272

Actually made me curious about attempting suicide is a crime in the USA?

Since in germany it isn't a crime.

Actually as far as I know, anyone knowing about it and not acting to prevent it would commit a crime.

But now I'm asking about the USA:

Is it a crime to attempt suicide?


texts:
The process of impeaching and removing a United States president is often compared to a criminal trial, with the House of Representatives acting to indict a suspect, and the Senate acting as jurors in a trial of the indictment.

In that comparison then, if individual senators received threats from their party as to what could happen to their party prospects if they failed to vote according to party lines, would this constitute jury tampering?


texts: Can one contract a non-lawyer to represent them in court and get the other party pay for fees?

texts:
Say I want to sue someone (or I am being sued by someone) but I neither want to hire a lawyer nor represent myself in person (civil case, not criminal).

Would I be able to hire, for example, a law student to attend hearings, speak on my behalf, present evidence and basically do everything that a lawyer would (except, of course, what can be done by lawyers only)?

Would such a contract with a law student be legal provided that we do not call him "lawyer" and his services "legal services"?

If we win, would I be able to get the other party pay for the fees charged by the student?

Jurisdiction: New Zealand, but also interested if this is feasible in the rest of the West.


texts: Is there an authoritative definition of what a terrorist is?

texts:
An intelligent unbiased observer from another galaxy wants to understand the notion of a 'terrorist' because the alien sees:

“One man’s terrorist is another man’s freedom fighter”

Is there an authoritative definition of terrorism that would enable a set of unbiased observers arrive at consistent labeling of terrorism and freedom fighters?


texts:
Visiting Prague on a trip round Europe I vividly remember being warned that if our party were too noisy outside a residents window at night we might have eggs dropped on us. We certainly didn't make that mistake.

Now I live in a flat in a UK city, in a student area. It is not an uncommon occurrence for someone to stop and have a conversation outside my window in the wee hours. I have even been treated to drunken guitar renditions of pop songs, that where not that great to begin with. It's because there is a sheltered archway there, and so its a nice dry place to stop on the way home from a good night out. Most of the time, if asked to move on, people will oblige. If they are particularly drunk, however, they may decide that they would rather stay right outside my window. Furthermore, being drunk doesn't noticeably make them any quieter.

I could call the police (non-emergancy) at this point, this behaviour probably counts as "drunk and disorderly". But at 2 in the morning, I really just want to get back to sleep. The police probably have better things to do with their time as well.

So would there be legal ramifications to employing a water pistol in this situation?


texts: Is it duress if you feel you are forced to sign a contract by an employer?

texts:
When I was promoted, I was given a significant sign-on bonus, but was made to sign a document that said if I left within 12 months, I would have to pay back the gross amount in around two weeks.

I want to say I was made to sign it under unfair circumstances and come to an agreement with my employer.

Is there any reasonable claim to duress, coercion or a similar description that applies to this situation?


texts:
What happens after a Motion to Vacate has been granted?

Let's consider an example.  Let's say that A and B had a custody dispute, and A won.  There was a court order that B had to pay $x more per month.

But now let's say B filed a motion to vacate (for a specific reason).  What happens if the motion to vacate is granted?  Does the case go back to be reconsidered, fresh?

Also, what is the noun that goes with the verb "to vacate"?


texts: What is the exact meaning of this Article about loss of liability limitation?

texts:
The Article below comes from a Convention. I am confused about the exact meaning of its last part:

A person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.

I divide this Article into three parts for easy understanding:

if it's proved that the loss resulted from his personal act or omission,

(which is) committed with the intent to cause such loss, or

(committed) recklessly.

Thus my question is: Should the last part -- “and with knowledge that...” -- come after “recklessly,” after “committed with the intent”, or should it modify both?
Please let me know how you understand (and divide) this Article.
Any suggestions are welcome. Thank you.


texts: Do courts in a common law system ever make decisions about law without a presented case?

texts: In the United States, the Supreme Court does not make a decision about the validity of a law without a specific case presented to them. Are there any examples of common law systems in which a court is able to make a decision without actually having a case at hand?


texts: Can I publish a book with hashes of common passwords?

texts:
The title says it all. There are already thousands of online websites where you input a character string, and it would output the MD5 hash (or other) or the password.
I  was wondering about the legality of publishing a book with the, lets say, 100 or 1000 most commonly used passwords, together with their hash values.
Note that the book does not endorse/encourage password hacking in any way, it would just be a "hash table" of sorts, combining one kind of information with another.
So would it be legal to publish such a book?


texts: Social media photo posting without permission

texts: My friend was at work and doing her job when a customer secretly took a picture of her and used it to make an embarrassing meme and posted it on Facebook.  This upset her obviously and she lashed back and used a racial slur in her comment.  This person and their friends subsequently sent screen shots of her comment to her employer and now she could lose her job.  They of course did not share the photo and post made about her which led to her comment.  Does she have any legal recourse such as harassment, since the photo was taken specifically to make fun of her while she was at work doing her job? Thanks in advance.  This is the Facebook post/photo.


texts: In the USA, how is a war officially ended from a legal standpoint?

texts: If Ron Paul became POTUS and wanted to begin undoing the Military Industrial Complex by first ending the officially declared "War On Terror", what would he need to do to officially do that?


texts: Can you legaly own intellectual property while only licensing it to your own company?

texts:
Is there any way one can have their own intellectual property licensed to their own company, such that the person owns that IP and not the company?

A concrete example: I thought of a good premise for a book. I write a that book (let's call it thunderbolt) and I copyright it. I now officially own the copyright and intellectual property for my work, no?

Now I open up my own company which will be creating content based on my thunderbolt intellectual property. But I do not transfer the IP to my company, instead I license my IP to my company for each and every project individually. So let's say I license the rights to thunderbolt the movie and thunderbolt the game to my company.
The licenses only allows my company to create one specific thing based on my IP, and can only do so for a limited time (like 4 years) and without the possibility of an update or expansion (in case of a the game).

Now another company wants to buy my own company. If I agree to the sale, the new company will ONLY own the licenses that I gave to my company, and NOT my IP correct?

Or another scenario: my company is going bankrupt and because of that all the assets (including the licenses) have to be liquidated. Does this, in any way, affect the IP that I personally hold? Can I be forced to cede the rights to my intellectual property?

This question is relevant because in the gaming industry it happens very often that some people make a really good game, then they fail for awhile and go bankrupt, and then suddenly another company with no regards to quality gets their hands on that intellectual property and starts ruining it.


texts: Legality of invoicing a content spammer for advertising fees and enforce such an invoice?

texts:
I am wondering if it would be legal for party A to invoice a company which posts spam advertisements on a website owned by party A which has a terms of service prohibiting such unsolicited and unauthorized posting.

Put another way, could party A consider the spam posting (which would have links back to a service or product of the spammer) to be advertising, and then bill the spamming company in the amount of the standard advertising fee and any labor associated with the spam?

I am thinking of it like this: If party A owned a roadside billboard, on which it sold advertising space, and someone without authorization posted their own ads on that billboard, perhaps the billboard owner is entitled to seek remedies for that?

If so, what would the website's terms of service need to include for that to be able to be enforced?


texts: Could a state legislature select Electoral College electors instead of using a statewide election?

texts: Instead of using a statewide election to determine its electors for the Electoral College, could a state legislature select the electors itself?


texts:
If someone reported someone else for sending ‘abusive messages’ to them under the Mal comms act.
Would unsolicited pictures of certain body parts be classed as abusive?
The act is ‘send communication/ article of indecent/ offensive nature’.


texts: Why are Brazil and Quebec excluded from Google's CTF competition?

texts:
Google is hosting an information security competition (a CTF) with participants from around the world.
Their participation rules from 2017 explicitly exclude residents of certain countries:

The Contest is open to individuals who are [...] (2) not a resident of Brazil, Quebec, Cuba, Iran, Syria, North Korea, Sudan, or Crimea;

(Source)
Due to US embargoes, it's plausible that Cuba, Iran, Syria, North Korea, Sudan and Crimea are excluded from the competition (which also features a monetary reward). But why are Brazil and Quebec on the list, too? The FAQ only makes a vague reference to legal difficulties:

Why are Brazil and Quebec excluded from the CTF?
Local laws and regulations make it extremely challenging for us to
run a   competition open for residents of those locations. We are
truly sorry about   this, and hope to change this in the future if
possible.

(Source)
Could you give some insights into what particular legal challenges might have led to the decision to exclude Brazil and Quebec from the CTF?


texts:
We have a media consent form that parents have signed for the campers at our summer camp.  The wording is as follows:

The Participant identified below desires to participate in the [insert summer camp name] (“Activity”). This consent is mandatory to participate in the Activity.
The Participant and their legal Parent/Guardian understand that photographs, videotapes, and other recordings will be made of participants in the Activity, including the Participant. The Participant and their legal Parent/Guardian consent to those photographs, videotapes, and other recordings and the use thereof as part of a record of the Activity and to promote the [insert team name].

My interpretation would be that we could only use the photos on promotional materials such as our website or flyers.  We wanted to send some photos out to parents (these photos would contain other campers), but since we have no control over what they are going to do, we are hesitant to do so.
Location is California (Bay Area)
Given that we have permission to make recordings of campers, and to use those to promote the summer camp, are there any legal risks or constraints in sending such recordings to parents of campers since we have no control of their actions with these recordings?


texts: Why would a 4 member board be required to be reduced to 3 members?

texts:
Florida HOA CAM writes:

  Per Board Member request, Since the Board has not been able to fill
  the vacant 5th seat on the Board, the Board will need to be decreased
  to 3 Members.  With this said, XXX or YY will need to step down as a
  Board Member as to not have control of the Board as part of the
  Developers per previously received legal opinion.  We will need to
  receive a resignation.

What reason is there to compel or require a reduction in board members?  There has not been a meeting called so there has not been an attempt to fill the seat.


texts: What legal protections exist against doxxing in the UK

texts:
Doxxing is the unfortunately growing phenomenon of having your personal data posted on public web sites, or even in commercial media (newspapers, TV/radio etc.)

What, if any, laws does this break in the UK? What civil legal recourse is available? Does the amount and type of data disclosed matter?  E.g., is just posting the real name behind a pseudonym much different to posting the victim's home address or employer as well?

As a public service to any victims of doxxing, some advice on how to report it to the police would be helpful too. Most of it on the web is US-centric.


texts: In a divorce case, the attorney knowingly allows his client to commit perjury

texts: What kind of accountability is the attorney subject to?


texts: Is the drafter of a contract that knowingly incorporated the terms of the offer in an inconsistent manner liable for damages?

texts:
A party accepts an offer-to-lease (OTL) with negotiated specific terms for a commercial lease to startup its business. It included a 4-year rent abatement through a sub-lease back to the landlord.
Landlord incorporates terms inconsistently into the Lease in spite of a term of the OTL and disregards other party's legal counsel's feedback. Both sign. Can the other party sue the Landlord for inducement/fraudulent misrepresentation or otherwise for damages through loss of rent abatement?


texts: Anything I could cite to make my apartment complex more flexible regarding their inspections in Texas?

texts:
So my apartment complex likes to do these pretend inspections which means they are about to sell the property again and they act like these are routine legal inspections of your HVAC unit, but again, I think its just because they want to sell the place again.

My wife will be home alone with my child and she does not feel comfortable being alone with a couple men in our home.

Is there any type of pushback that I could cite legally to have management have to be flexible and do this at a time that is more comfortable for my family and I?

This is occurring in the state of Texas by the way.

I don't believe there is documentation that I ever signed agreeing to this, in fact, not even a conversation, because again, I believe they only do this when they are about to sell the property to another management group.


texts: Can I have my personal information redacted from evidence in a case that doesn't directly involve me?

texts:
There is a case in the United States that has made its way through a city's municipal court, the district court, and is now going to be in the state's supreme court (Pennsylvania). I live in a different state (Ohio).

The case is a civil one between two private companies, the plaintiff alleging copyright infringement for commercial gain, and the defendant is arguing the works were fair use. The copyrighted works in question were mass-produced by the defendant, one of which I purchased several years ago, unaware of the legal dispute at the time.

My purchase transaction (along with my full name, address, phone number and email) was produced by the defendant into evidence, on a record of hundreds of other transactions, along with all their other customers' personal information. That evidence became part of the public record once it entered the district courts, as far as I can tell. As of the posting of this question, it's currently available for download directly from the district court's website, un-redacted.

The case is now picking up some mild media attention, and it seems odd that a document listing private citizens' sensitive information is being released to the public in full without being redacted in some way by the courts. I've already seen the document posted in un-redacted form on dozens of legal discussion forums, YouTube videos as B-roll footage, etc. when searching for articles on the case.

How can I get my personal information 'redacted' from the public record when A) the case doesn't directly involve me and B) the case is taking place in a different jurisdiction? Don't I have the right to protect this information unless I am directly party to a legal dispute?


texts: When is renunciation of citizenship effective from?

texts:
Say a person is a dual UK/Australian citizen, and they decide to renounce their UK citizenship.  They submit the required paperwork to perform an effective renunciation.

What date will their renunciation be effective from (i.e, what is the earliest date from which they are no longer considered a UK citizen under UK law)?  Is it:

The date on which they sign their renunciation paperwork?
The date their paperwork is posted?
The date their paperwork is confirmed as being received?
The date on which their renunciation is formally confirmed?

...or something else entirely?


texts: The meaning of the word until - exclusive or inclusive

texts: So I realize now that I probably should have clarified this at the time, but in my divorce agreement, I am obligated to make a payment monthly, "until September 1, 2021". I read this as "up to but not including September 1", meaning that my last payment would be in August, where September 1 is the first day that I am no longer obligated to make monthly payments. However, in plain english, this might be ambiguous. I would think that there's a definitive answer for this when speaking legally.


texts: Can one be liable for poisoning food one expects to be stolen?

texts:
A friend of mine posted about how someone keeps stealing her food at work, and I recommended she lace it with some insanely hot hot sauce.  Someone else commented that she could be liable for poisoning someone if she did that.

The thief is already ignoring written labels saying 'private' and 'do not take this if your name isn't ____'. My assumption would be that this constitutes a warning label, and that she isn't responsible, just like a company isn't responsible if you injure yourself using their product in a manner inconsistent with their instructions.

So, I'm wondering:

Is there any liability at all, since the item in question is being stolen?
Are there any specific legal guidelines for what constitutes a written warning that waives liability for misuse of a product?  If so, would this meet those criteria?


texts:
I have just rented a property in England. The house has a built-in cooker, but the markings on the oven panel for temperature and the different modes (grill/defrost/fan settings etc.) are completely worn off. I have been told by the estate agent that there is nothing he can do and that I will have to cook by "trial and error".

Does the Supply of Goods and Services Act 1982 apply here and could I reasonably insist that the agent contacts the landlord to get the panel replaced?


texts: Is modifying a song's audio using youtube's Phase Vococer to slow it down to 0.25% a copyright violation?

texts:
On the surface, this seems like a simple question. At quick glance, you might immediately say: "Yes, changing the speed of a song is a derivative work".

According to wikipedia, a transformed work is possibly viewed as fair use:

  In United States copyright law, transformation is a possible
  justification that use of a copyrighted work may qualify as fair use,
  i.e., that a certain use of a work does not infringe its holder's
  copyright due to the public interest in the usage. Transformation is
  an important issue in deciding whether a use meets the first factor of
  the fair-use test, and is generally critical for determining whether a
  use is in fact fair, although no one factor is dispositive.

While it is completely clear that simply speeding up or slowing down a song, which would change both the pitch and speed, is clearly a derivative work. My question is regarding transforming it using youtube's speed controls.

Youtube's speed algorithm uses a phase vocoder. When the speed of a song is lowered to 0.25 it is virtually unrecognizable as the original work due to the effects the phase vocoder introduces to the original audio. The phase vocoder works by transforming the audio, which seems to match the legal language around what is considered fair use. In fact, the basis for a phase vocoder is a mathematical transformation  function called a Short-time Fourier transform.

In youtube's speed control algorithm, while the pitch is retained, the duration of the notes is altered, and the effect of of the phase vocoder on slowing the video to 0.25 adds audio effects that transforms even the color of the notes to the point that it's difficult to tell what instrument is being played.

Further, once this transformation is performed on the audio, if a recording is made of the audio in this state, returning it to the original speed is a near impossibility.

Also, the reason I'm asking this overall, is I would like to do this and then add several layers of tracks of different instruments and effects to the song, which could be considered criticism or parody perhaps?


texts: Are social network companies legally permitted to tell police about users at risk of suicide?

texts: In the United States, do social network companies have the legal right to provide user information directly to police, without order or subpoena, when such users post content about depression and self-harm, in order to prevent suicide or other self-harm?


texts: Are Credit-Card fraud refunds legally obligated, or good customer service?

texts:
Supoposing my CC is stolen, I would expect that all purchase on that card after the theft, but before its cancellation would get refunded to me.

Obviously the nature of that refund is going to depend on my bank and CC contract, but in broad generality do these tend to be:

legally obligated by the required banking standards of the UK?
legally obligated by the contract, which the banks offer because that makes their contracts competitive?
not legally obligated, but good customer service, because that makes their business competitve?


texts: There seem to be reasons that a court might find the Stormy Daniels NDA to be non-enforceable. I am listing some and would like to know if there are examples that support a court rejecting such NDA agreements. Payment was made to conceal something that the public has a right to know for national security reasons. Payment was made in a criminal manner or to conceal a crime. A person agrees to something that they have a constitutional right to do, such as get married, or in this case speak about their rulers. I have this sense that our founders wanted the first amendment to protect us from abusive rulers and dictators, and I can even envision a place where Donald Trump says he paid everyone in the USA ( via a $1 rebate on their 1040) to never speak against  him.


texts: Using interrogatory or depo to ask libel defendant what facts she relied on in making statement

texts: In a libel case, should I ask the publisher of the statement what facts she relied on in deposition or via interrogatory? I'm concerned that since an interrogatory can be supplemented, that her answers could shift as the litigation progresses. While depositions bring the risk of an "I don't recall" answer.


texts: To what extent can a public college regulate the speech of its students?

texts:
My community college's "Student Rights" webpage states that the College District will not tolerate any discriminatory behavior on the part of its students. Now, I'm not advocating discrimination, but it seems to me that, in the context of speech, such a broad anti-discrimination policy would be deemed invalid by the courts. While attending college is a choice, public colleges are run by a government.

The college can certainly chastise a student. My question is not whether such a student can be required to refrain from discriminatory behavior as a condition of being allowed to hold a student office or a staff/faculty position; rather, it is whether the College can take disciplinary measures against a student who passes up such opportunities.


texts: Does an organization that recieves public funds have to abide by the constitution like a government does?

texts:
I frequently see comments by semi-anonymous people stating that if an organization receives public funds then they have to respect people's freedom of speech, or they can't discriminate on the basis of sex, religion, or race, or they have to abide by some other well known provision in the US constitution.

Is this true?   Do Organizations that receive public funds really have to follow the Constitution in the same way that an arm of the government does?

And If the answers is "Some do, and some Don't", then how do I tell the difference?


texts: When is something inadmissible as evidence because it's considered a negotiation?

texts:
To my understanding anything can be used as evidence unless a specific law prohibits it. When is negotiating inadmissible as evidence?

My (ex)landlord demanded I move out immediately. I told him I will do so as soon as I have a place to move, but he must prorate my rent if I move out before the end of the month. He agreed but never returned money for the prorated rent. Would these emails not be considered evidence for some reason?

He also has some furniture that belongs to me. At first he (pretend) acted confused and thought I was referring to furniture that was his. In the initial stages of legal proceeding he denied my claim for the furniture and said my "description of events was not accurate". The court (that I'm using) requires a negotiation period were anything said is inadmissible as evidence, but I think that's provided that communication is done through their form.

The landlord has now contacted me by email saying I am free to pickup my furniture. Can this be used as evidence that he has admitted to having it? I had rented a truck for moving so this doesn't really appeal to me.


texts: Is blurring a watermark on a video clip a violation of copyright law, or is it legal?

texts: We own a list channel on YouTube, we make videos such as “7 Biggest Houses in the World” everything is under fair use (we have a voiceover over the clips and we use minimal footage as possible) and sometimes there are watermarks on video clips, are we allowed to blur the watermarks on the clip? I know for a fact that cropping a watermark is a direct violation of copyright law, as stated on “Section 1202 of the U.S. Copyright Act” but what about blurring a watermark? One of my competitors that has 3 million subs on YouTube and he always blurs watermarks on video clips, really confused on if blurring a watermark is a direct violation of copyright law or if it’s ok to do and legal? If you search on YouTube "the finest 15 biggest trucks in the world" and if you go to 2:27 - 2:29 of the video, they’re blurring the watermark on the video clip and they do this for every video, so is this legal? Because news channels do that as well where they blur watermarks on video clips.


texts: Financial dependency while over age of majority

texts: If someone's father is not giving money to his child (21 years), can that child put a case on his father of not getting money for him as he is totally dependent on his father as that child is a student right now and not earning yet.


texts: Treason, Sedition and the US Bill of Rights

texts:
In 2018, where are lines drawn between treason, sedition, and constitutionally protected freedoms of speech and assembly?

Publishing a neutral, fact-based article on a contentious topic, citing sources and giving each side an opportunity to respond, but which can be construed as portraying the USA in a negative light.
Publishing a biased, opinion-based article on a contentious topic, selectively citing sources without giving each side an opportunity to respond, and which intentionally portrays the US in a negative light.
Same as 2, but in this case you are working in collaboration with foreign entities and/or agents in support of their goals.
Same as 3, but you are being paid or receiving some other concrete consideration.
Same as 2, but your activities include organizing groups of other citizens to participate.
Same as 4, but you organize groups of other citizens to participate.
Same as 5, but beyond publishing, you engage in civil disobedience to subvert the usual rule of law.
Same as 6, but beyond publishing, you engage in civil disobedience to subvert the usual rule of law.
Same as 7, except activities include rioting, looting or other serious criminal activities.
Same as 8, except activities include rioting, looting or other serious criminal activities.

Assume that all anti-American sentiment is aligned with a specific foreign nation's interests. Consider each case:

the foreign nation is a close ally of the US
the foreign nation has neutral relations with the US
the foreign nation is a bitter rival with cold relations to the US
the foreign nation is in a state of open, declared war with the US


texts: Are there any laws on copyrighted material, preventing them from being translated?

texts:
I am an aspiring translator and hoping to go to university within the next two years. Part of going to university tends to include work experience in the section you wish to work in. Due to my location, it is near impossible for me to find work experience within a translation company, and as such, I would like to put some sort of translation 'portfolio' together, to show that I have put effort into ensuring this is the right path for me.

My question is, am I allowed to produce translations of different texts that are not in the Public Domain as part of the portfolio, providing I give credit to the original writers and link back to their site?

I understand that this can depend on the copyright licence on the website itself, but according to the law in general, am I restricted from producing translations of such works? Would the answer be the same if the site does not appear to display any copyright notice?


texts: Settlement Agreement for business dispute payment to personal account

texts:
I have reached a settlement agreement arising from a dispute between two companies and the other party is requesting that I pay the settlement into a personal off-shore account of one of the directors

Previously the wording of the offer to settle included

  The Sum shall be paid to Party 1 or to us as their solicitors in full
  within 3 business days from the date of written acceptance of this
  offer, and shall not be subject to any set-off or deduction by Party 2

We offered to pay the other partie's solicitors the amount agreed in the settlement offer as per their instructions and they have refused, instead insisting the funds be paid to the other parties directors personal bank account, As this is a dispute between two business I feel extremely uncomfortable paying an individual personal account to settle the dispute.

What rights do I have to enforce the payment method of the settlement agreement?


texts: To which court can you file an interlocutory appeal from a superior court in California?

texts:
To the California Court of Appeal of the [ordinal number] District or to the United States District Court for the [geographic jurisdiction] District of California?
If both, is any of them almost always more advisable? Which one and why?
Thank you!


texts: How does a cancelled Delaware Domestic LLC affect the company's California Foreign LLC?

texts:
A Delaware Domestic LLC is cancelled status.   The LLC has a California Foreign LLC.

Is the Californian Foreign LLC legally able to continue in business, if the Domestic LLC is in cancelled status?


texts: Strata corporation installing keyless entry system and logging entrance times/dates

texts:
My concern is the strata is forcing people to sign for specified id numbers this information is then stored so they know who enters the building when and how often. I am an owner and I believe I should have the right to enter and exit the building without it being permanently logged and quite honestly I don't believe anyone has the right to know when I enter or leave the building as I am not a criminal, pedophile or on parole so I believe its my private business but they disagree despite giving no logical reason why they need this information.

My question/s are do I have any legal recourse to try and force them to be unable to store the information of when I enter or exit the building?

If I don't do they have any legal way of coming after me for putting a paper message of buzz (my buzzer code) to have the door automatically open. My solution is to set an answering machine up attached to my buzzer system that will automatically pick up after two rings and record a pressing of the buzzer tone to automatically open the door whenever my buzzer number is entered of course this will still be logged so I would need to distribute this information to anyone in order to prevent them from simply logging when my buzzer code opens the door.

I am Autistic and the prospect of this new system being installed makes me extremely upset but being that circumventing the the doors ability to lock is currently my only recourse i would like to try a different avenue. I don't mind hiring a lawyer to sue the strata council if there is some legal avenue for me to do so. I live in British Columbia Canada.


texts: What legal concerns may be caused by featuring a post on meta?

texts:
Recently a post on Meta StackOverflow got unfeatured by SE employee, with the explanation that it was done because of some "legal concerns."
Given that:

similar posts exist on main Meta and are featured there, and
the problematic post is still present on MSO, only that the "featured" tag got removed from it

What kind of legal concerns might cause such an action? If the post content is problematic, only removing the post (or the problematic part) would help. Featuring posts is a responsibility of moderators, who represent the community, not the company, so I don't think there is a risk of treating the post (or its being featured) as a statement coming from company. So what concerns might be present here?


texts: To send money to as an investor to a startup, is it better, for proof of transfer in a possible court case in case of dispute, to write and mail a check or wire directly through banks?  If I use the former, is it advisable to notarize the check? All entities above are in the US.


texts: What consequences can a legal non-citizen 14 year old face if he applies for a credit card using someone else's SSN without permission?

texts: I did this when I was 12, and I didn't know what this all was. My 12-year old mind was still working like a 6 year old. One day a letter came to my house saying you are not eligible or something, I can't remember. My dad found out about this and I was given a big punishment and he told me everything SSNs and credit cards. I did not do anything illegal since then. Am I in trouble? I am a legal immigrant but not a citizen in the US. I did not actually get any money and the owner of the SSN didn't get affected in anyway, so what is going to happen to me?


texts: In Canada, is there a requirement of when a Money Services Business (MSB) and their client entity must enter into a service agreement?

texts:
I hope the question in the title lends itself to an answer. In case more clarification is required, please do not hesitate to comment below.

Some background: In Canada, an MSB is required to verify the existence of an entity when they enter into a service agreement because it is then that the MSB is required to keep a Client Information Record on the MSB which triggers the existence verification. (See last question here: https://www.fintrac-canafe.gc.ca/guidance-directives/overview-apercu/FINS/2-eng?s=7)

It seems natural to me that The Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) should have a requirement of when to have a service agreement because otherwise one is under no obligation to perform the existence verification or obtain beneficial ownership  which is important to prevent Money Laundering and Terrorist Financing. But I was unable to find anything on it.


texts: Is Uber acting unconscionably in Australia?

texts:
Section 6 of Uber's Terms and Conditions for Australian customers requires that all disputes go to arbitration before the International Chamber of Commerce in the Netherlands and that the contract shall be construed under the laws of the Netherlands.

It seems to me that this has the effect of shielding Uber from most claims for damages, such as property which is damaged while on a ride, since:

It prevents a claim from being lodged in the appropriate small claims court; and
The cost for hearing before the ICC is approximately $5,000; and
Dutch law is significantly different to Australian law; and
Uber refuses to discuss or entertain claims for damages and in my opinion is not acting in good faith; and
The relative bargaining strength of Uber to set the terms and conditions if you wish to use their services.

Is Uber acting unconscionably as defined in the Competition and Consumer Act in requiring claimants to first go through the prohibitively expensive ICC procedure? If so, is there any applicable case law or precedent?

Is Uber potentially violating any other consumer protection or Australian or ACT law?


texts:
GDPR states that

An individual is ‘identified’ or ‘identifiable’ if you can distinguish them from other individuals.

and also that

The GDPR provides a non-exhaustive list of identifiers, including:
name;
identification number;
location data; and
an online identifier.

With that in mind, I am trying to wrap my head around what that means in practical terms. If I have two database tables, both encrypted.
One table is globally available and contains user sessions. For the sake of conversation assume that globally means it's physically hosted in countries that EU might now deem equivalent in terms of protection. It holds no PII, just session status and expiry time. It also holds a user UUID that's been randomly generated but is tied to the lifespan of the user i.e. once assigned to a user it does not change.
The other table is physically hosted in EU, and holds a UUID to email mapping.
If a breach results in the first table being leaked the data is anonymous, it is only when joined with the second that that the user session can be tied to PII (email address).
Does this mean that both tables fall under GDPR and thus must be placed in EU (or equivalent), or is it sufficient that only the table containing PII is located there?


texts: What rights and remedies does the buyer have under the following circumstances of a failed contract?

texts:
A buyer offered X for a building, which was accepted by the seller. The building had a mortgage, Y, which was greater than X. The terms of the purchase contract called for the building to be delivered "free and clear of all mortgages, liens, and other encumbrances," and the understanding was that the seller was supposed to pay off the mortgage by making up the remaining mortgage balance, Y-X.
Seller used only X to pay down the mortgage, which had a remaining balance of Y-X. Buyer doesn't want the building with the Y-X mortgage remaining on it, wants to cancel the deal, and get his X back.
What is the name of the tort that the seller has committed? What rights and remedies does the buyer have?


texts:
I recently had a contractor do some work on my house.
I was not happy with them at all:  They started later than promised, finished later than promised, did not update me on progress, literally forgot to do part of the project (they did it later, after it came up in inspection), sent me the wrong invoice, and then failed to void the wrong invoice as promised.
The original terms were 1/2 up-front and 1/2 when the job is done.
Now that the job is done, I have not received the final invoice.
(I can guess why:  I have reason to believe they sent it to the wrong address because of their own sloppy record-keeping)
Do I have any legal obligation to pursue this invoice?  To call them and ask about it? Or am I safe in not paying until I'm invoiced, and not being particularly aggressive about receiving the invoice?  What might happen in the long run if I never receive the invoice and never pay it?

I found the following parts about payment in the contract:

Payment for each invoice is due to XXX no later than five (5) days
after the invoice date.

Full payment of XXX’s final invoice within 30 days of the date on the
final invoice is a condition precedent to the operation of RWA’s
warranty.

Followup:  Based on discussion here, I realized that what I was really after is a Lien Release.   I went into their office and demanded the Lien Release.  That is when they realized they had not provided the final invoice, and they finally provided one (more than a month after project completion).  I paid the invoice (reluctantly, but honestly), and got my Lien Release.


texts: On the legality of replacing international transfers with intranational ones

texts:
Here is a fictional story based on this question.
Andrey is a Russian programmer residing in Germany who makes regular wire transfers to his father, Boris, who resides in Russia. Chris & Dasha, a married couple, also reside in Germany. Dasha is Russian and would like to wire money from her Russian bank account to her husband's German bank account.
Pictorially, we have two international transfers.

However, if Andrey and Chris became acquainted, we could have two intranational transfers instead, as depicted below. Boris and Chris would receive the same amounts as before.

Would this be legal? I am interested not only in the pair of jurisdictions Germany-Russia, but also UK-Russia, US-Russia, or X-Y in which jurisdictions X and Y are chosen so that this thought experiment is interesting (in some sense).
Some thoughts and other (subsequent) questions:

If Andrey and Chris do know each other, Andrey's transfer to Chris can perhaps be viewed as a donation to an acquaintance. However, Dasha does not know Boris. Could her transfer be viewed as a donation as well?

If Andrey and Chris do not know each other but only know of each other, Andrey's transfer to Chris is somewhat equivalent to Dasha's transfer to Boris, though subject to the laws of Germany.

It certainly is not the case that these intranational transfers are payment for goods or services. If they cannot be viewed as donations either, could they be viewed as money laundering?


texts:
Someone has been stealing from my girlfriend's workplace, not her, and they're forcing everyone there to undergo a lie detector test or lose their jobs. Is this even legal since they don't actually work?
I have done some research but I can't get a straight answer under UK law, the web just mentions US law.


texts: Do I have to break quarantine to return a leased router during a COVID-19 lockdown?

texts:
Before Covid, I was working in Chennai, India. I had a broadband internet connection and used a router provided by my ISP. Due to the lockdown, I had to move to my parents home in West Bengal, India (~1,660km/1,000m away). Since I have not renewed my internet connection in Chennai, the ISP has disconnected my internet connection and is demanding I return the router immediately.
My home in Chennai is currently locked, so the only way to return the router is for me to travel back to Chennai, get my router, then return it to the ISP. It is not advised to travel during this lockdown so I cannot do anything. Also, I would need to stay under quarantine for at least 7 days if traveling to another state.
Today I got a mail from my ISP threatening to take legal action against me if I do not return the router.
Given that travel is prohibited due to the COVID-19 lockdown, can the company still take action against me for not returning the router? Is there any legal relaxation for people during this lockdown period? Can anyone suggest link/article where I can find out more about it?
Here's what the company's email says:
By withholding the possession of the aforesaid assets of the company, you have exposed yourself to the legal provisions under the Indian Penal Code,1860, as amended,  related to Section 406 - criminal breach of trust, Section 403 - misappropriation of property and other relevant provisions including Section 420 read with Criminal Procedure Code, 1973, as amended, entailing dire legal consequences including imprisonment.


texts: What does it mean if your apartment is in two cities at once

texts:
I discovered that the border between two cities runs through an apartment that I am renting. There are two official parcels, one in one city (City A) and one in another (City B), they are both in the same county in California. The building straddles the line between the two cities.

My living room is in City A and my Bedroom is in City B
My mailing address is in City B but the Entrance is in City A
There are two tax assessments, same address number, different city.

What does this situation mean for me in terms of

Which tenant laws apply to me
Where I register to vote

Additionally, in this situation, which address should be listed on a lease agreement. The real property address (entrance) or the effective mailing address.


texts: If a driver is stopped by police, does the officer have the right to demand car documents?

texts:
Whenever someone is stopped by police because of a traffic violation or a regular check, does the police officer have the right to demand car documents and proof of insurance without a search warrant?

Please note that the question is about the car documents or anything other than the occupant's identification (which any officer has the right to demand).


texts: Can licenses and disclaimers be summarized?

texts:
Software licenses try to avoid ambiguity, which results in them being rather lengthy and hard to read.  Would I be okay with flippantly summarizing the gist or spirit of a license in another place (like a code file)?  I don't want the summery to be binding in any way.

Something like this for instance, which refers to the actual license text at the very end?

//    legal:
// This code is free to use for any purpose.
// I don't promise this code will do anything right or nothing wrong,
// and is given "as is", see license.txt


texts: Read written testimony instead of witnessing

texts:
I am defending myself in a penal case (driving infringement; not a criminal case).

At time of the events, I gave to the police a very detailed written testimony, which is now part of the proof.

For the trial, I know that I am allowed to provide an oral testimony or to remain silent.

Since I have nothing to add to my story, am I allowed to remain silent and to read the written testimony instead?

Assuming they both have the same content, could a judge put more trust in the oral testimony than in the written one?

Could remaining silent compromise my defense? Could the judge ask for clarifications (or other questions) on the written testimony?

Clarification:

  Your statement may or may not be in evidence at the trial

Here the prosecutor must provide the defendant with all evidence that could be used during the trial, and I have seen my statement in it.


texts: Is "By clicking Continue you accept T&C" an unambiguous consent in context of GDPR

texts:
I just read about explicit/unambiguous consent in context of GDPR. And I just saw in some mobile app a payment form where you enter some data and to pay you click a "Continue" button. Just next to that "Continue" button there is a text "By clicking Continue you accept Terms & Conditions" with link to those T&C - the link leads to a web page which presents T&C.

It this text along with link considered a valid GDPR unambiguous consent?

The form looks like this:

[boring payment form, name, credit card, CVV, email]
[text "By clicking BUY I confirm I have read & accept T&C"]
[link to general company T&C]
[link to mobile app T&C]
[link to privacy policy]
[BUY button]

An example of such "handling of consent" is what my Firefox just opened me as home page after updating it:

it links to https://accounts.firefox.com/legal/terms and https://accounts.firefox.com/legal/privacy.


texts: Buying for someone else with reimbursement (UK): is it a sale?

texts:
Suppose I buy a Steam game as a gift for someone, as a favor, under the condition I will be reimbursed as soon as possible, and that the sum I'm going to receive only covers my expense.

Under UK law, does exchanging the gift and the reimbursement constitute a sale involving me and the recipient of the gift?


texts: What are the legal considerations of using trademarks in security training material?

texts:
I am developing an application that will be used for computer security training, specifically for awareness of scams and phishing.

As part of this, I plan to use a series of well-known company brand names and trademarks (e.g. Stack Exchange) in order to create examples and demos that the user can relate to.

For example, I may demonstrate how a scammer can use a slightly altered domain name in order to create a convincing scam website, with the goal of educating users of this risk.

As far as I can tell, the use of company brand names and trademarks for this purpose is considered a transformative use, which would therefore be protected under copyright fair use.

However, there is a risk of causing user confusion or diluting brands, for example if a user doesn't understand that a particular demo is fictional, and not an actual scam. I understand that I can mitigate this with a clearly marked disclaimer and instructions.

What would be the legality of this, and are there any risks or mitigations that I haven't considered? For reference I am based in the UK, however the app will be globally accessible and may use trademarks registered in many different countries.


texts: Do I have the right to terminate a lease without penalty because I was a victim of domestic assault, and the assaulter is also on the lease?

texts:
OK ... so here's the deal.

5 months ago my girlfriend (now ex-girlfriend) and I signed a 1 year lease to rent a house in Arizona with another couple that she has known for many years. The main purpose of this was to save money. All four of our names are on the lease. We split everything equally four ways and in theory it would make things a lot cheaper. Obviously our friends and family were worried just because what if one of us broke up, couldn't pay, lost a job, etc ... we didn't care at the time though because we were dumb. Also, young love, we thought we'd be together forever ...

WRONG.

4 months into the lease I broke up with my girlfriend. Without going into too many breakup details, I was the victim of domestic violence shortly after the breakup (about 2 weeks ago) in which my ex-girlfriend assaulted me. She was taken to jail that night and released sometime the next day on certain terms. One probably being that she couldn't return to the residence.

Now based on my understanding she doesn't technically have any legal binding to pay her part regardless of her name being on the lease. It was a personal agreement between all of us to split everything equally, so the landlord doesn't care who pays what, as long as he/she gets the full amount each month, right? So it comes down to us 3 to come up with the full rent payment now.

The other two are refusing to pick up her part, and I don't really have the money to cover her part alone. No luck on finding an additional roommate yet, but that's not within the scope of this question.

I don't really want to be here anymore, I only know these other two people because of my ex-girlfriend, and I don't really feel comfortable. Also, get this, they both lost their jobs a month ago ... on the same day. Of course they are actively searching, but still, not willing to pay her part.

So I read online that I may be able to terminate a lease being the victim of domestic assault -

  Ariz. Rev. Stat. Ann. § §â

I have no idea how to look up this law, and even if did I probably would not know how to interpret it. So my question is:

Do I have the right to terminate this lease without penalty because I was a victim of domestic assault, and the assaulter is also on the lease?


texts: Can you be sued for money if your product is released for free?

texts: Say I create a product that I release for free and take no profit in any way. If this product somehow violates the copyrights or trademarks of another company, is there risk of needing to pay for damages to that company?


texts: Is saying 'I think', legally the same as saying 'I know'?

texts:
Basically, is 'I think...' weasel words I need to learn to spot?

More context:

Car dealer told us on car inspection 'I think there are two alarm fobs for this car'.

When the car turned up on delivery there was only one.

Car dealer naturally thinks that 'think' doesn't imply 'know'.

I naturally think that 'think' equates to 'know'.

That's the basics of it but perhaps upping complexity a small notch: if they said 'I think that there are two, but I'll need to check' - but then did not advise the result of the check, and then tried to pull a 'you didn't ask if I had checked so it's your fault' approach, does that change anything?

(he says he said he'd need to check, but I don't think he did - regardless, I'd like to know the legal implications either way)

None of this was in writing.


texts: I had this idea of developing a mobile app that allows users to download videos from twitter and youtube to be able to access them offline.. is this considered illegal? (sorry if my question is in the wrong place)


texts: Is using Nazi symbol in India offensive?

texts: I wanted to know whether using hitler's quote / Nazi symbol / Photo in car, social networking sites considered offensive in India ? Will it lead to legal issues ?


texts: Can an individual be charged with selling an illegal substance if they are not in possession?

texts:
I was wondering if a person could be charged with selling something like drugs, illegal firearms, or stolen items if they are never caught possessing them?

I have seen in movies where they will take payment and then say that the location will be given to the buyer later via a call or text. Is this enough evidence to charge the seller with crime? I have heard phrases like possession is 9/10 of the law. Then you hear of kingpins like El Chapo getting arrested and it makes you wonder. Seems like most kingpins never touch the merchandise at least on TV. Is it the same in real law?

Could a dark web seller be charged selling drugs if they are never caught possessing them? You hear of dark web drug sales a lot on the net. Is this why it's so common?


texts: What are the limits of a 'Humble Address/Motion of Return' from Westminster's House of Commons?

texts:
The British Attorney General is making the argument that

  it cannot be right that the Commons has the power to ask for any paper produced by the government. “Where does it end?” Can the Commons use a “humble address” to get hold of cabinet minutes, or intelligence papers. It cannot be right for the “humble address” to be used like this. —The Guardian

Is he right? How would one assess the validity of his claim?


texts: Publishing research obtained by violating Google's TC

texts:
I believe Google's Terms and Conditions prohibit bot scraping: that is, submitting lots of (automated) search queries in a short time.
This is enforced by mechanisms such as CAPTCHAs and IP blacklisting.
But suppose a researcher, say based in UK, managed to work around them, get a big amount of data from Google searches and use it to publish some research.
Could they get, theoretically, into trouble?
Would they, practically?
Would the above depend on how they circumvented Google's checks (i.e., by using lots of proxies)?


texts: Is this "Works for Hire" language enforceable?

texts:
I am reviewing a job offer that includes this Works for Hire clause:

Works for Hire
During the term of your employment, you may create an
idea, process, trademark, invention, technology, program,
original works of authorship, patent, and/or
copyright, including improvements, rights, and claims thereto, alone
or in connection with others (“Works”). All such Works are within the
scope of employment and, by signing below, you acknowledge you hereby
assign and transfer all right, title, and interest therein to CompanyName

My initial thought was that by using "term of your employment" and "all such works are within the scope of employment" that this clause would cover any pet-projects I undertake on my free time while employed by this company. Friendlier language would limit to IP crafted as a function of/related to my employment or on company time/equipment.
I found this similar question but for the UK:  Is this Intellectual Property clause over-reaching?
Am I correct that as-written this clause would apply to things I create outside the scope of this job? Is a clause like this generally enforceable in the US (or Colorado more specifically)?


texts: Is it illegal in Germany to pretend being sentenced for committing homicide?

texts:
People often want you to tell them a story. For me this question is overreaching and I feel uncomfortable.
So I was wondering to what extend it is legal to make up a story I am fine with.


texts: Is "regulation" defined at the federal level?

texts:
5 USC 551(4) says that "rule"

  means the whole or a part of an agency statement of general or
  particular applicability and future effect designed to implement,
  interpret, or prescribe law or policy or describing the organization,
  procedure, or practice requirements of an agency and includes the
  approval or prescription for the future of rates, wages, corporate or
  financial structures or reorganizations thereof, prices, facilities,
  appliances, services or allowances therefor or of valuations, costs,
  or accounting, or practices bearing on any of the foregoing

One can find "the final rule" published in The Federal Register on a frequent basis. The definitions section does not define "regulation". Now turning the page, 5 USC 552(4)(A)(i)

  In order to carry out the provisions of this section, each agency
  shall promulgate regulations, pursuant to notice and receipt of public
  comment, specifying the schedule of fees applicable to the processing
  of requests under this section and establishing procedures and
  guidelines for determining when such fees should be waived or reduced

and that (6)(B)(iv) says

  Each agency may promulgate regulations, pursuant to notice and receipt
  of public comment, providing for the aggregation of certain requests
  by the same requestor, or by a group of requestors acting in concert,
  if the agency reasonably believes that such requests actually
  constitute a single request, which would otherwise satisfy the unusual
  circumstances specified in this subparagraph, and the requests involve
  clearly related matters. Multiple requests involving unrelated matters
  shall not be aggregated.

There is also language about multitracking and requests for records, the point being that there shall be regulations about those operations of the government. From what I can tell, "regulation" in this section refers to rules about rule-making: they are rules about rule-making.

5 USC 552a(h)(i)(1) refers to prohibitions "by rules or regulations", which indicates that "rules" and "regulations" are different things. Subsection (u)(3)(A) speaks of the need to comply with "all relevant statutes, regulations, and guidelines", with no mention of rules, and from the context it appears that what's called for is compliance with rules on what agencies can do with data.

While the restrictions on what doctors can do, pursuant to HIPAA, or what schools can do, pursuant to FERPA, are commonly called "regulations", it appears to me that federal law actually distinguishes "rule" and "regulation", and while you and I may be subject to rules, only rule-making agencies are subject to "regulations". Is there any case law, rule, regulation, statute or legislation that clarifies the meaning of "rule" and "regulation" at the federal level?


texts: What is involved (other than financial + evidence aspects) in bringing a private prosecution in the UK?

texts:
Suppose a person commits a financial crime in the UK (say theft, insider dealing, false accounting, fraud, or something similar falling squarely within criminal law). For whatever reason there is no practical purpose to litigating in civil court for restitution or other damages. Also for whatever reason, the police and CPS - being stereotypically overworked - aren't very interested.

That said, the evidence of substantial premeditated fraud (say 5 figures) is close to rock solid, and the victim being legally trained feels the fraudster shouldn't get off scot free, and is therefore motivated towards private prosecution of the illegality, in lieu of police action.

So my question is, what would a person need to do, and what exactly happens thereafter (procedure-wise and in practice), if they decided to bring a private prosecution for the alleged offence?

I'm interested in the complete process,so its easiest to assume they'll do it all themselves (not instructing someone else to do it for them). I'm also assuming no issues with the actual evidence, so that a reasonable judge/jury viewing the evidence would agree it is very strong and pretty much "speaks for itself". (Meaning, if the case were heard, it's the kind of case where the court might comment at some point in their ruling, that they cannot understand why the police did not prosecute and left it to the victim, or something like that)

Within this, there are two side-aspects that - if there are any comments - I'd be interested. Namely, how do courts typically view the request to bring such a case, insofar as such a filing certainly wouldn't be typical or "usual", and to what extent if any is passage of time since the alleged offence relevant to the court (since there's no Limitation Act barrier)?

Note - things that might be relevant in real-world cases but aren't relevant to this question:

I'm not concerned with issues of legal cost, nor of the risk of any financial impact if the case were unsuccessful, although I would be interested to know any circumstances where the victim might end up having to pay money beyond their legal + filing fees for bringing the case. The victim is legally capable or has a lawyer, can afford the case, and feels that the fraud shouldn't be scot free just because no civil recovery is possible.
I'm not asking about quality of evidence - we can assume for this question, that the evidence is very strong, certainly enough for a good prima facie case and more than likely "beyond any reasonable doubt".
I'm not looking for ways that civil damages might be recoverable, I'm assuming simply that they aren't, as a premise of the question.
I'm assuming the fraudster remains within jurisdiction, so papers can be effectively served and procedures followed.


texts: Can a landlord renege on a verbal rent agreement made by former staff?

texts:
Background

I moved into a studio apartment that had a $200 rent reduction, valid for 6 months through the end of December 2017.  An employee with the property management company had told me to reach out before the period ended to see if we could extend the promotion period indefinitely, because they had done so for previous tenants.

In November, I reached out via email to formally request the promotion be extended, and if not, I would move out immediately in January.  The property manager at the time replied via email, saying she would get back to me shortly.  (Note that I'm not sure of her official title, but all communications with the management company was through this employee.)

After 2 weeks of no response, I emailed again.  An unknown amount of time after that email, I called in and reached the property manager directly.  She then said casually that yes, they already agreed to let me continue with the same rent.

Current situation

Fast-forward to April 2018, where I receive notices at my apartment door that management has changed, and the employee mentioned above no longer works with the company.  Another notice is later posted, saying I owe backdated rent from January.  I reached out via phone and leaving voicemails, and I also send emails to ask for clarification.

I also contacted the building manager who resides in the same building, and he had told me to not worry as other tenants were receiving the same notices.

Fast-forward again to May, when I finally receive a phone call from the new staff with the management company, saying I owe the backdated rent due.  I forward my email correspondence with the previous employee, and today, I am told over phone that the lack of written documentation means I owe the backdated rent.  She also indicates that other tenants have been getting the same notices and phone calls, so this situation is not unique to me.

I then give my 30-day notice over email, as requested, and I receive a call back from the same employee, saying the owner will continue honor my rent discount promotion from June onwards, but only if I pay the backdated rent.

Question

Do I actually owe this backdated rent?

It's suspicious that there were no notices for late rent payments until after new staff was brought in. Aren't verbal agreements binding?

(Jurisdiction is US, state of California.)


texts: Will those in UK who have had court fees charged to them, now get it back?

texts: The UK government is going to stop the payment of Criminal Court Charges for those tried in court. Will those who have already paid these charges now get their money back, and will those charged before the new rule applies have to pay?


texts: Which constitutions adopt the Universal Declaration of Human Rights?

texts:
I read on Wikipedia:

  Even though it is not legally binding, the Declaration has been adopted in or has influenced most national constitutions since 1948.

So, which constitutions adopt the Universal Declaration of Human rights?


texts: Company not paying promised referral bonus

texts:
The company I work at offers a referral bonus for employees introduced and hired for 3 months. It’s about $3,000

I’ve referred a total of 6 people who all got hired. I’ve received payment for 4. But they are telling me they won’t pay me for the other two because they hired them as full-time contractors.

I have evidence of the CEO stating the offer in email, private message and public company message as well as co-workers who know of the deal.

They only stated “if you refer somebody and they get hired for 3 months, you’ll get $3,000”

Would this make a good case to hire a lawyer on? As $6,000 is a large sum of money


texts: Can you charge someone with perjury during a traffic stop

texts:
If a dashcam shows one party is 100% at fault, but they tell the officer at the scene another story and tells it very loudly (like volume vindicates their guilt), can we charge the driver with perjury?

I've witnessed a few accidents where someone didn't stop and yield at a 4-way stop.  The party at fault is yelling very loudly both at the person they hit and later at the responding officer that they were in the right, etc.

If I (or someone else) had dashcam footage of the accident that showed who they didn't stop, could the officer also charge them with perjury as well as being 100% at fault of the accident?  If I was a party in this accident, could I use the footage to show who's at fault and who's committing perjury?

EDIT: Just to clear up, I'm not saying because someone is loud, they are innocent.  I am saying some people, when they are at fault, yell their case very loudly and declare that they are innocent.

And when the cops come to sort things out, even with logic, common sense, and witnesses stating they were 100% guilty, they continue yelling that they are innocent.  I've had this happen to me before and luckily the authorities and witnesses backed me up.  It was very annoying having someone yelling in my face when myself and everyone else knew they were 100% wrong.


texts: Can a municipal worker photograph over a privacy fence when given permission to enter an adjacent property without violation 4th amendment?


texts: Spam email blockers where recipient may never receive an important message

texts:
In the hope of reducing my email burden, I have been considering something like the service here.  The process works as follows:

Person A sends email to Person B
Person A receives automated message saying something along the lines of "Your email has not been delivered yet. Please verify your email address by confirming on the below link to prove your message is now spam"
Person A completes the request and receives an email saying that their address has now been added as a recognised address for future communication with the address they were writing to
Person B receives the message

My question is, what would the legal standing be in cases where the sender itself may be an automated mailing address or the person does not verify their email address? In such scenarios, the intended recipient would never read the message and would be unable to respond. I am thinking of examples such as:

Legal letter that requires responses within fixed a fixed time period
Important governmental message


texts: What happens to debts when someone dies?

texts:
How are debts and loans recovered by the lenders after a borrower passes away? A debt can be as small as 100 bucks for the credit card bill. It can be as big as millions of bucks for mortgage (or other fat) loans.

Are the relatives or heirs of the deceased person legally bound to repay all or part of those debts, irrespective of whether they were actively involved in those debts?

What legal channels can the lenders go through to recover their money?

I am assuming such laws may not differ vastly across the countries. But still it will help a great deal if you mention the country whose laws you are explaining in the answer.


texts: The effect that listing permutations has on the power/legitimacy of a legal document

texts:
Many legal documents follow along the same lines as this one, saying:

  For purposes of this Agreement, “Confidential Information” means any data or information that is proprietary to the Disclosing Party and not generally known to the public, whether in tangible or intangible form, in whatever medium provided, whether unmodified or modified by Receiving Party or its Representatives (as defined herein), whenever and however disclosed, including, but not limited to: (i) any marketing strategies, plans, financial information, or projections, operations, sales estimates, business plans and performance results relating to the past, present or future business activities of such party, its affiliates, subsidiaries and affiliated companies; (ii) plans for products or services, and customer or supplier lists; (iii) any scientific or technical information, invention, design, process, procedure, formula, improvement, technology or method; (iv) any concepts, reports, data, know-how, works-in-progress, designs, development tools, specifications, computer software, source code, object code, flow charts, databases, inventions, information and trade secrets; (v) any other information that should reasonably be recognized as confidential information of the Disclosing Party; and (vi) any information generated by the Receiving Party or by its Representatives that contains, reflects, or is derived from any of the foregoing.

Phew! That is one long sentence. The key thing is "including, but not limited to". If you are really saying "everything you can possibly imagine", or "the unlimited possibilities of potential things", I don't see why you can't just leave it at that, and leave out all the permutations/examples like "tangible and intangible", etc.. It could be simply shortened to this:

  For purposes of this Agreement, “Confidential Information” means all possible information shared by the Disclosing Party.

Wondering what advantage or benefit illustrating all these "permutations" provides over just the simple "all information, period.". Wondering why this shortened version isn't adequate.


texts: When should a constitution or bylaws have separate articles versus sections within an article?

texts:
My church is in the process of re-organizing our constitution and bylaws. Currently, we have individual articles for some elected positions. Others get defined only in context of the board that they lead.

I've proposed having one article covering all elected officers (with sections for each officer). A second article would exist for all standing boards and committees (with a section for each).

One member of the committee raised the issue of definitions applying throughout an article and suggested that each officer and each board ought to have their own article.

My question boils down to this: What is the significance of having several closely-related topics under one article versus each of those topics having their own article?


texts: Who owns the work created on freelance platforms like Fiverr?

texts:
Imagine this scenario: I go on Fiverr and hire an artist to create a piece of artwork for me. Everything went well, the artist created the piece, I'm happy with it and I paid for it.
Now, who owns the rights to the artwork? Given what little I know about the legal aspects of such a transaction, I thought it would be seen like regular paid work, as in everything you create at work is property of the company employing you to work there. Does it work like that on platforms like Fiverr, too? Or would I need additional paper work to make sure I own the output of that work?


texts: Could US President use the Secret Service to gain entry into the Capitol Building for the SOTU address?

texts:
If US President was to go to the U.S. Capitol Building for the State of the Union Address, and he was met at the door by the U.S. Capitol Building security personnel with orders to deny him entry, could he order the Secret Service to arrest these security personnel and then proceed to enter into the Capitol Building?

Although this scenario is very unlikely to occur, would the President have the Constitutional authority to do so since he is the Commander-in-Chief?

Moreover, since he is the Commander-in-Chief, would the U.S. Capitol Building security personnel have to obey his orders to stand down since he is the Commander-in-Chief, or do they only have to follow the orders of the Speaker of the House?


texts: When does a referral fee become bribery? (UK)

texts:
If a company makes an offer like this:

  Thanks for using the free product. If you think your company would
  benefit from the advanced features of the premium product, please tell
  the [person responsible for purchasing]. If they sign up, your company
  will receive a £50 discount and I will send you a £50 Amazon voucher.

Is this a simple referral fee, or could it be construed as bribery (under English law)?


texts: Does the following constitute defamation?

texts:
There are two candidates running for public office in a small midwestern city. Both of them are public figures, within the context of the defamation laws. Candidate A is running on a "morality" platform, cut funding for birth control and abortion, teach children abstinence in schools, etc.

He accuses candidate B of being "soft' on moral issues, and cites prevailing rumors/reports that candidate B's daughter was impregnated out of wedlock, and had an abortion. The truth is that the daughter is dating a man whose previous girlfriend "was impregnated out of wedlock, and had an abortion" by the man.

Is this grounds for a lawsuit? I can think of two reasons why this might be true. First the daughter might not be a public figure, and therefore would "normal" standards of defamation apply to her?Second, even if a suit by her were held to the higher public figure standard, might she be able to prove "malice or reckless disregard for the truth"?


texts: I've seen a lot of YouTuber personalities claim that "this is not a paid endorsement", and I'm wondering if this is just legal phrasing that's akin to answering "Have you ever been convicted of a crime?" with "No." when you know you've been "adjudicated" and know the difference. That is to say, can someone promote a product and claim "this is not a paid endorsement" and still receive an exchange from the product owner? Or maybe lying just isn't illegal, so who cares no one will find out. You know, like "I'm not lying because 'paid endorsement' means 'x', and in fact I'm doing 'y'" where 'y' is still an exchange.


texts: Could Trump be charged with a criminal offense for his actions related to the COVID-19 pandemic?

texts:
Recently Carl Bernstein called Donald Trump a "homicidal President":

We are witnessing a homicidal president convening ― purposefully ― a homicidal assembly to help him get re-elected as president of the United States instead of protecting the health and welfare of the people of the United States including his own supporters whose lives he is willing to sacrifice

In recordings of Bob Woodward's interviews with President Trump, he revealed that he intentionally misled the public about the severity of COVID-19. In public addresses he claimed that it would be no worse than the flu, while behind the scenes he admitted that he knew it would be much worse. Furthermore, the administration's policies were more consistent with the milder assessment.
Scientists months ago estimated that thousands of lives would have been saved if the administration acted sooner. Could Trump be considered criminally liable (e.g. something like reckless endangerment) for many of these deaths, and charged when he leaves office? Assuming this would ordinarily be some kind of criminal offense, would he be indemnified as a result of his official duties?
How about encouraging people to attend his campaign rallies during the pandemic without wearing masks? This endangers not only the attendees, but everyone they come into contact with after the rally. These also often violate state regulations against large gatherings.
I'm sure I could come up with other things that he's done that have endangered lives and caused many unnecessary deaths due to COVID-19, I just can't remember them at the moment.
Could his policies and/or actions be viewed as violating his oath of office? Is there any legal consequence to that?
Before the revelations of the Woodward interviews, many of his actions could be viewed as simply ignorant. But he's made it clear that he understood the consequences, and intentionally ignored and downplayed them.


texts: Is This A Legal Abuse of Teaching Power?

texts:
From this question on Academia Stack Exchange, a professor is requiring students to submit support for a law as an assignment. It's possible that the question misrepresents this, in that this is a bonus question, but assuming this is an assignment for which the final grade will be determined, is this a legal action a professor (or teacher) can make - requiring students to advocate support for a law, even if they personally don't?

Is it legal to make the students actually submit this to authorities, such as Congress?  I realize it's legal to challenge students to think from different points of view, but is it legal to actually make them write support for a law and submit that to authorities?


texts: Copyright with clipart images under Creative Commons

texts:
I want to make cards with pictures (to assist kids to visualise their activities) and offer these cards free of payment on my blog.
I am not good at art and so I need to use images from the Internet. I have used clipart images that are licensed under Creative Commons. (Word gives you the option when inserting from the Internet).
Is it legal for me to use these images in my product?
I have tried to read up about this, but I just become confused.


texts: Can a speeding ticket be legally amended by the court?

texts:
I recently received a speeding ticket (73 in a 55) in Texas. I didn't realize the speed had changed, but that is neither here nor there. The offense occurred on 2-27-2016; however, the officer listed the date on the ticket as 3-27-2016. I called the courts and they said that they could amend it and send me a new copy.

When an officer signs a ticket, he is saying that all information is correct; but if one piece of information, namely the date (an important fact) is incorrect, then I think there is reason to believe the rest could be incorrect as well.

Is this grounds for dismissal? Is this legal? Should I just pay the ticket because I would lose fighting it in court?


texts: Are there any Supreme Court cases that have directly issued rulings citing the 25th amendment?

texts:
Background

Amendments to the U.S. constitution have been cited in rulings of Supreme Court cases, the 14th amendment is a notorious one and the 2nd amendment is another good example.

I have been trying to find relevant case law directly dealing with the 25th amendment to be able to expound upon this tag in Politics.SE, but nothing seems to turn up that directly mentions, or cites the 25th amendment.

Question

Is there any relevant Supreme Court cases that has cited, or issued a landmark interpretation of, the 25th amendment to the United States constitution?


texts: How does a US company sue a German company for copyright infringement?

texts:
I'm referring to this article: Blizzard sues overwatch "cheat" maker for copyright infringement

Does the German company have to come to court in the US? What if the German company couldn't afford to come to the US and refused?


texts: Adapt the oath of truth to a reasonable version?

texts:
I find the oath

Do you swear to tell the truth, the whole truth, and nothing but the truth?

an almost absurd request. It is common-sense that nobody knows the whole truth about anything, so how could one ever disclose the whole truth? (Socrates would certainly be impressed.)
I believe for reasonableness' sake we could understand that oath as

Do you swear you will give us your best account of what you believe is true?

So my question here is:
If I answer the oath with

I cannot tell the whole truth, because I cannot possibly know the whole truth. But I swear I will try to give my best account of what I believe is true.

will that answer be refused and ultimately qualified as contempt of court? Such a concern may sound a pedantic nitpick but, honestly, I would feel uneasy swearing something that is false taken literally in such a formal environment as a court, where things are usually taken literally.


texts: Going to court after agreeing to multiple dispute resolutions

texts:
Dave and Bob co-found a company together and both sign a shareholders agreement.They then work together on the company full-time for a year.

Dave is then accused by Bob of breaching the agreement by starting a side project. Dave disagrees that he breached the agreement, but still wants the dispute resolved as he believes in the company and wants to move on from the issue.

Bob proposes a resolution to the dispute: Dave meets certain deadlines to accelerate the progress of their company, in exchange for this Bob will drop the issue. It's all things Dave will need to do eventually anyway, so they verbally agree and Dave believes all is well again.

A week later Bob comes back to Dave and says that he has changed his mind. Bob now wants Dave to sign some ownership of his side project over to their company. Dave is initially hesitant, but Dave still believes in their company, so agrees to give their company 5% ownership of the side project. The paperwork is drafted up and emailed out, and again Dave believes all is sorted.

A few weeks go by and Bob still hasn't made an effort to confirm that he is happy with the drafted paperwork, and nothing has been signed. At this point Dave gets fed up with with Bob and decides he has had enough. Dave leaves the company, remaining only as a shareholder, and gets a full-time job elsewhere.

A couple of months go by and then Dave receives a message from Bob saying that because of the dispute, he wants to take Dave to court in an attempt to take Dave's shares back by force and take full ownership of the side project that caused it. Dave informs Bob that he is happy to sell his shares back, as he put in the work to build the company. Dave and Bob both put offers on the table, but cannot agree to an amount.

It reaches the point where Bob and Dave cannot agree and going to court is the next step.

At each stage, Dave has made full effort to resolve the dispute, however Bob has initially verbally agreed, but then changed his mind. How is this viewed in court?

Dave is concerned that going to court could be expensive, but doesn't want to settle for a share value that doesn't represent the work put in.

EDIT: To clarify, the proposed resolution for Dave to sign over 5% ownership of the side-project to their company was decided and agreed upon in a meeting between Bob, Dave and the company lawyer


texts: Why are there so many youtube to mp4 and mp3 download websites online when it is illegal?

texts:
If it is illegal to download videos and audios from youtube due to copyright reasons, why are there so many youtube to mp4 and mp3 download websites online?

For example https://freevideotomp3.com//, one could reason about them just providing a way for users to download youtube content, letting to these users the responsibility to decide whether they will use it for downloading free or copyrighted content.

However most of these websites (just as youtube-mp3) have an internal cache which stores the already processed mp3/mp4 files, so if users download copyrighted material they will store in their server copyrighted content, thus illegal distribution.

How can these websites live without getting sued by google and friends?


texts: Is it legal to make a counteroffer without mentioning that the contract was altered?

texts:
This question is very similar to this one. It's about a hypothetical scenario in which:

Party A (an individual or a company) writes a contract and sends it to party B
Party B makes small changes to the contract, and signs it
Party A signs the contract, but is unaware of the changes

The only answer to the question linked above states something along the lines of "it's a grey zone, theoretically it's legal, but don't try it" which of course is the reasonable answer to this type of scenario. But the following questions remain unanswered:

Does B have a legal obligation to inform A that changes were made to the document?
Is there any legal basis for A to argue that the procedure was dishonest, because they were expecting to sign "X" but they ended up signing "Y"?

Intuitively I would imagine that "I didn't read the document" is not a justification for A to contest the terms of the contract.

However, imagine the case of, say, loan contracts: considering 1) the length and complexity of the documents 2) the number of hours it would take for bank employees to read the thousands of contracts signed every year and 3) the significant financial incentive to be dishonest by changing e.g. the interest rate in the document, I would be surprised that nobody tried to kind of trick.

This question is not specific to the example of bank contract, or to a country in particular - though I'm mostly interested in Europe/North America. I'm just curious to understand what legally prevents this type of things from happening in general.


texts: Is it okay to commercially use Youtube videos that have creative commons license?

texts:
Sometimes, more than one youtube channel upload the same video under different licenses. Different licenses can be "Standard youtube license" and "creative commons".

If I reused that video, will I get a copyright strike because it's under Standard youtube license on one of the channels? Or is it okay to use it because it's under creative commons so any other channel (including mine) can use it?

What I'm going to do is to use part of the video as to complement my main video.

Edit:

Actually, it's not the answer that I was looking for because that question asks about a single video on youtube. I'm talking about more than one copy on different channels. some copies are creative commons and other copies are standard youtube license.


texts: Married to someone who's not american for 7 years without registration. Will I get charged of bigamy if I married somebody else later?

texts:
I am a u.s citizen. I got married(We had a wedding with witness) and lived with my ex-wife who's non-u.s citizen for 7 years without registering our marriage in any country. We've never lived in the U.S together and she's not a GC holder. We are now separate. Can she sue me for bigamy if I married someone else later? And how can she do that outside of America? What happens if she reported this to the U.S embassy in her country?

Our marriage is not legal under the laws of neither the place we got married in nor the place that we live now. We didn't register our marriage anywhere in the world. But we had a wedding, a ton of photos and witness who are friends and families.


texts: Site does not provide the option to disallow cookies in a notification

texts: Is this a typical behavior for websites to provide only one option, and doing so, forces the user clicking "accept"? Isn't it so that they must provide both, accept and reject?


texts: Does manually crossing out terms in a printed and signed contract actually change the contract?

texts:
Let's say that a typed contract is handed to someone (a new tenant, potential employee, potential customer etc.), and they (the tenant/employee/customer) cross out clauses with a pen.

Lets say that both parties sign the contract. Which holds, the original typed contract, or the contract with handwritten changes?

Jurisdiction is the UK.


texts: Statutory Rape: Which State's Laws Apply?

texts:
A 17 year old male child has sexual intercourse with a significantly (at least two decades) older man.

In New York, where the child's residence is, this is, I think, legal. At the time of the incident, however, the child was staying in California, where this is, I think (same source), illegal, for a period of two months.

The state of residence of the adult is unknown.

Which state's laws apply? Can the adult be prosecuted?


texts: What can I do about an ex-landlord “trash talking” me on Facebook?

texts:
I had lived in a shared rental house with 4 other tenants. Problems arose when the landlord wanted me to move out early despite what the lease said. He got the other tenants to bug me until I agreed, but I insisted he paid for the cost of moving. Clearly he holds ill feelings about me, and I just found out he’s been “trash talking” me on Facebook and posted a link to my account. What actions should I take? I intend to block him and report it to Facebook as bullying. Is there anything else I should do, like take screen shots in case things go further?

I was willing to forget the situation after I got my damage deposit back but things like this keep coming up and I haven’t fully excluded the possibility their may be some arbitration/court with him in the future.

In terms of what he’s actually posting about me on Facebook is just stupid crap, mainly name calling and saying “I’m the worst person in the world” and how I left rotting food and came back and threw garbage on their lawn. There is no element of truth to any of these claims.


texts: Can You Be Prosecuted Under US Law for Counterfeiting Foreign Currency?

texts:
Let's imagine that I'm a person living in the US who wants to counterfeit foreign currency and then convert it into US dollars. Let's say it's the currency of a country that the US doesn't really have formal relations with (no extradition treaty, etc.); let's say this country is South Sudan.

Can I be sent to jail either in the US or in South Sudan? If you would be sent to jail in South Sudan, is there another country's currency that would make this viable? Would I still be thrown in jail if I didn't convert the money into dollars?


texts: Does parental leave count towards extinguishing a debt to the employer?

texts:
My partner has recently been on a training course (paid for by the company, a substantial amount of money) with the caveat that she'll have to repay it (entirely or just part of it) if she leaves the company before a certain amount of time.

She's also planning to go on maternity leave at some point in the near future, would the time spent in maternity leave still count towards the time required to eliminate the debt towards the company?

I understand it'd be best to directly ask the company, but we'd like to avoid that for now, so I'm asking this from a purely legal point of view.

Her employment contract doesn't say anything about training or repayments, that thing was simply stated in a document she signed before starting the training, which also didn't mention anything about leave.

This is the UK, and she's a European citizen.


texts: Vehicle Repair Manual - What material is copyright protected?

texts:
I am fully aware that most vehicle repair manuals have some sort of copyright protection but my confusion is regarding what specifically is protected and more specifically, things like fluid capacity values and bolt tightening specs.

If this information is copyright protected (the actual specifications / values listed) how is it that multiple manuals from completely different companies all list this information in a nearly identical way? Sometimes there are differences, but mostly not.

Looking in the front of various manuals, it seems that the copyright protection is on the manual producer themselves, pictures, methods etc. For example, Haynes / Chilton does not reference Ford copyrights or that they have permission from Ford in a Ford Escort manual. Is information like this considered common property ie. no ability to copyright?

Reason for asking: Has to do with online repair blogs and how to stay legal.


texts: google analytics cookie consent with anonymized ip on

texts:
I am not even sure how is this possible, so here I am. I have google analytics with anonymized IP on, my users can activate and deactivate google analytics cookies at any time.

BUT, on top of that, according to GDPR I would need to collect and store records that cookie consent from a particular user was obtained.

Well, lets say "user A" has agreed for my website to use cookies and later on "Mr XXX" who is actually "user A" is trying to be funny and he has emailed me saying he will complain to ICO as he can see these cookies are set but he has not provided a consent.

Because the IP is anonymized, I could not prove that the guy emailing me has actually provided consent as "user A" and "Mr XXX" are not associated on my records, whilst they are the same person.

Any ideas how to solve this puzzle?


texts: How can I prove that content existed on the Internet?

texts:
I want to make a record that establishes that certain content existed on Internet at some point of time. It seems that

http://archive.is/

is a way to archive the page. But, are there any other methods of proving this?


texts: Why isn't legal knowledge more easily available?

texts:
I'm a researcher in economics. For a project I am working on, I've realized I need a better understanding of NYC Real Estate law. I've realized in this pursuit that there is no  easily accessible resources available that will teach someone the law they are ruled by.

As a citizen bound by law, I feel like I am in some way entitled to resources to help me understand that law if I choose to pursue it. I can scroll through Wikipedia articles for hours on just about anything I want, I should be able to do the same for the law.

What forces are stopping such a resource from being available? It seems like it would be a valuable use of government resources.