Can I sue a client for the &#39;delta&#39; in price if I accepted his (insulting) offer? I have a client who refuse to respect one of the clauses in our contract and offer an alternative for much less. Short version: client must provide me a suite in his hotel that costs $10K for a night based on a contract we held in the past (the contract has expired as of 31-Dec-18 but he never rendered the service because I didn't ask for it. We agreed that when time present itself he will render the service). For some reason, he offers me to have a 6K for the night and argues that it's the same. Question: assuming I accept his offer (with reservation) and take the nights for 6K do I still have the (reasonable) right to sue him for the remining 4K? My concern is that a judge or accepted mediator would say: well since he rendered you the service and you accepted it - you can't claim anything anymore? so alternatives: 1. accept the offer and sue for the delta (4K) in small court 2. Not accept the offer and sue for the entire amount but that will be in civil court (which I assume takes more time and I may need to use a lawyer). (I have already reasoned with the client but he stays firm in his position).
client must provide me a suite in his hotel that costs $10K for a night based on a contract we held in the past (the contract has expired as of 31-Dec-18 but he never rendered the service because I didn't ask for it. The contract mentioning $10K has expired and is no longer relevant. You had a chance for a $10K suite before 31 Dec 2018 but you did not take it. There is no obligation on the client to keep this chance for you indefinitely. What happens now ($6K suite) is a completely new contract you have accepted. You are not entitled to anything in relation to the $10K suite from the past opportunity.
No, you cannot sue When you signed up to Uber you agreed to their Terms and Conditions. In Section 6, you agreed that disputes should be settled first by Mediation and, if that fails, by binding Arbitration - both under the respective International Chamber of Commerce Rules. These will be have their seat in Amsterdam and be conducted under Dutch law. This does not mean that you will need to travel to Amsterdam - you will be able to participate remotely. Notwithstanding, the Australian Consumer Law (ACL) cannot be excluded by contract or choice of law clauses and will still apply. Of direct relevance here is the consumer guarantee (Part 3-2) that services will be provided with "reasonable skill and care" and that this is a 'consumer contract' and subject to the unfair contract provisions of Part 2-3. The dispute resolution clause 6 is not unfair - Australian law supports alternative dispute resolution and a term is not unfair if it is allowed by law. The Disclaimers; Limitation of Liability; Indemnity Clause 5 is problematical for Uber as, while limitation of liability clauses are not ipso facto 'unfair', when the seek to limit liability for a breach of a consumer guarantee, they must be limited to what can be excluded by s64A. As written, these are far broader and, notwithstanding the savings clause about 'applicable law' they would probably be held to be misleading. A misleading term is ipso facto unfair. You may be able to approach the court to have Clause 5 declared an unfair term under s250 before proceeding to arbitration - the court may defer that decision to the arbitrator of course. You can, of course, sue the driver. Uber maintains that their drivers are contractors and not employees (which may or may not be true). If Uber is right, you have no contract with the driver and are free to bring a negligence suit.
AA &quot;requests&quot; that you remove batteries from checked laptops and put them in carry-on luggage. You must, per their contract of carriage, &quot;comply with airline safety rules&quot;, and they say that they can deny you boarding if you do not comply, which includes &quot;Are uncooperative, abusive, harassing, or show the potential to be while on board&quot;. You might then hope to sue them because you didn't violate any safety policy of theirs but they denied you your seat, but there's nothing in the contract that states &quot;The following is a complete list of policies&quot;. You should discuss this in more detail with your lawyer, but on the face of it there is no legal recourse, except of course a refund.
Does B have a legal obligation to inform A that changes were made to the document? This is definitely not a simple yes-no question. One ought to consider not only the tenets of contract law, but also notions of equity and of public policy. On the one hand, courts acknowledge modified contracts that result from a battle of the forms. On the other hand, sliding changes in the contract without adequately directing the counterparty's attention to them tends to contravene the contract law covenant of good faith and fair dealing. In the scenario you outline, imagine the inefficiency and risk of mistake if the parties engage in several rounds of offers and counter-offers by sliding changes scattered all over the latest draft of a contract (this is totally feasible, especially as laws nowhere limit the number of times a party can make a counter-offer). Unless each party is conspicuous about his latest changes to the contract, the dynamics can easily become a matter of which party inadvertently binds himself to unacceptably detrimental clauses (some of which might re-occur after being stricken in a previous draft). This hinders the contract law prerequisite that a contract be entered knowingly and willfully. Although the parties are responsible for reading the contract, subjecting the offeror/offeree to devote valuable resources each time a newly altered contract goes from one direction to the other seems contrary to public policy. Furthermore, that defeats the purpose of negotiations and of the prior efforts each party spent toward the contract (such as valuations and risk analysis). I'm just curious to understand what legally prevents this type of things from happening in general. An offer may include language to the effect of accepting the contract 'as is'. See the provision in the Uniform Commercial Code (for instance, see MCL 440.2207(2)(a)) whereby alterations are precluded "[if] the offer expressly limits acceptance to the terms of the offer". The aforementioned statute also precludes terms which significantly alter the contract. See MCL 440.2207(2)(b). In a context of loan contracts --apropos of your example--, a borrower's unilateral alteration of the interest rate, of payment schedules, etc. constitute material alterations. Indeed, financial institutions are utmost sensitive to changes in interest rates and the timing of cash flows. Even in the case of an offeree's immaterial alterations of a contract, an offeror might prevail under principles of equity. This is more evident in the case of entities which enter and manage a multitude of contracts simultaneously, be it via contracts of adhesion or upon negotiations with each counterparty. In line with my point on public policy, the additional cost of filtering a counterparty's last minute occurrences would make it impossible for economies of scale to develop.
It sounds like you've read about two party consent and public spaces. But while anyone can sue, it's winning a case that's relevant. "My client respects the applicant's beliefs, but choosing to express beliefs in such a way during a job interview indicated sufficiently questionable judgement that my client was unable to consider the applicant further for the advertised position." "It has also become apparent that the plaintiff was not acting in good faith in making an application for employment." Court finds for the defendant and orders the plaintiff to pay costs.
There is no contract Specifically, an agreement to agree is void for uncertainty. If the total cost of shipping was an insignificant fraction of the value of the contract then there might be sufficient certainty - that is, it could be argued that the buyer (or seller) has agreed to pay a reasonable rate for shipping. However, in the context of most items on the site this is unlikely to be the case. As an aside, your use of the term "rescind" is incorrect. Rescission occurs when one party breaches a term of the contract and the other party elects to terminate (and optionally seek damages) in response. The correct term for both parties agreeing to release the other is "termination by agreement".
You want a lawyer who accepts tenant-side landlord tenant cases, usually a solo practitioner or small law firm or legal clinic. Medium to large sized law firms usually don't practice that kind of law at all, or only represent landlords, as a matter of policy. The usual problem, however, is that lawyers are often too expensive relative to the amount in controversy to make sense to hire to fully represent you in a matter like this one. You might want to have a "limited engagement" such as a one time consult with a lawyer, rather than a full retention of a lawyer, over an issue like this one.
Can a landlord (UK, English law) make a claim from a potential tenant who wants to back out of signing a Tenancy Agreement? No. Your description reflects that in this particular scenario there is no tenancy contract. The only actual contract relates to the holding deposit, and your description suggests that both parties fully complied with their obligations pursuant to that contract. Accordingly, neither party has a viable claim against the other. Regardless of whether verbal agreements are cognizable under UK tenancy law, the meeting of the minds you portray is that this tenancy ought to be formalized only by signing a contract. That supersedes customer's prior verbal expressions of intent about moving in. The landlord incurred expenses that either were covered by the customer's holding deposit or were unreasonable. An example of the latter is the fees &quot;landlord has paid for the dates on the contract to be changed (repeatedly)&quot;, a task that any person can perform with a text editor at a negligible cost. Likewise, &quot;turn[ing] down other potential tenants&quot; is covered by the holding deposit the customer paid. As for taking &quot;a detailed inventory&quot;, that is a task the landlord would perform with any potential tenant and which would render the same outcome regardless of who the tenant would be. The holding deposit must be associated to a deadline or holding period. Beyond that deadline, it is up to the landlord to grant customer's requests for postponement. But the landlord is not entitled to compensation for a risk he deliberately took without even requiring a [renewed] holding deposit. what's the situation if the tenant still claims they want to move in, but the landlord wants to withdraw because they no longer trusts the tenant's promises? That depends on the deadline associated to the holding deposit. Once the holding period has elapsed, the landlord is entitled to do with his property whatever he wants. The customer would have a claim only if (1) landlord withdraws prior to the deadline and (2) customer provably intended to move in.