Do I need to number sections in an Agreement? I'm creating an agreement using an online contract management and signing service. To create the agreement I create separate sections in a library. Then I build the full agreement by adding the sections from the library to a template. When I add the sections to the template there is no way to auto-number the sections. When I add, remove or edit sections in the template it appears I might have to manually edit every section and renumber the sections. That can be very tedious to do. So, I'm wondering if it's OK to NOT number the sections. I'd have titles for each section like: Support Governing Law Force Majeure And whether an unnumbered agreement would cause any legal problems for me. Thanks, Ed
Numbering is for the sake of clarity, and is not intrinsically required. If you refer to a section, you need a way to say which section you mean, and a vague description like "up there where I talked about copying" is insufficient. You can refer to a section by a title, if you need to refer to sections within the contract, as long as your titles match what you refer to them as (and you don't have two sections called "Your Rights").
In the US, code that you write in the course of employment is the property of your employer. Otherwise, anything that you create is your property. The gray area is things that you write during your employment but not in the course of your employment (hence the terms of the employment contract are vital). Something that you write before becoming an employee is not &quot;in the course of employment&quot;. However, if you use that code in the in the course of employment, you invite the argument that in fact the code was written in the course of employment. That argument can be squelched if you have an agreement with the employer that acknowledges that you are licensing your code to the employer in exchange for ... some consideration. It could be $1, or a similar unit of currency.
There is no worldwide standard for legal citation Each nation uses its own style and citation guide. Most of these will indicate how to reference contracts. However, in most cases they will simply be an ad hoc method of unambiguously identifying the contract “The contract between X and Y for Z entered into on 12 Sometime 1666” or of identifying the documents that evidence the contract. However, none of them use APA. APA is the American Psychological Association style and is used in medical and allied health and is an Author, Year in-line style. Legal citation is universally footnote style. If you want to use APA, a contract would be cited like any other unpublished document.
I will not speak to your specific situation. I am unfamiliar with the jurisdiction and real estate contracts are one of the most highly regulated contracts so local statutes may override common law. In general, the terms of a contract are what the parties agree; the written document is not the contract - it is evidence of the contract. In a case where the parties agree that the written version is wrong then the written version is wrong. Where the parties disagree that the written version is wrong (or agree that it is wrong but disagree as to how) then each will need to provide evidence to support their position. A signed written contract that supports one parties position is extremely strong evidence! The other party would need to provide some overwhelming evidence to trump this. The general position that the courts take is that the written contract accurately documents the agreement unless someone can prove that it doesn't.
It's not legal The terms that you agree when you enter a contract can only be changed if: the contract provides for variation of its terms and then, only in accordance with that procedure. This may allow unilateral changes - these are common in ongoing relationships like telephone and ISP contracts but it appears from the Kickstarter page that this was not the case here. the parties agree to vary the contract either by deed or by another contract. If by deed then the law of making deeds must be followed, if by contract then the laws of contract must be followed. You mention &quot;around $70AUD&quot; which leads me to guess that you are in Australia. If you were there when you entered the contract then the Australian Consumer Law will apply to the transaction and, more generally, to William Painter since they explicitly &quot;do business in&quot; Australia because they ship there. It is illegal to make misleading and deceptive claims under the ACL and the fines can be huge. Perhaps a note pointing this out to them and letting them know that if they waive their fees in you case(s), you wont feel the need to report them to the ACCC.
Its difficult to tell without seeing the exact paperwork, and the exact meaning of without prejudice varies by jurisdiction (I think UK is the same as here in NZ though). If an agreement is reached through communications marked "without prejudice" it should be valid in court to the extent that it shows an agreement was reached and what the agreement was (but the court will not generally look at the documents marked without prejudice for other reasons &ndash; e.g. admissions made &ndash; if no agreement is reached). There are a couple of other relevant things to mention &ndash; although not strictly part of your question: Lawyers are officers of the court, and have duties to the court, which include acting ethically. So, provided it's a reputable law firm, it is reasonable to (somewhat) trust their solicitors in procedural matters. My understanding is that courts encourage anything that will help settle a matter out of court &ndash; hence the whole idea of "without prejudice" letters being valid. I believe that the court will uphold an agreement reached through communication of without prejudice emails as it's in their interests. If you have these kinds of concerns, you can raise them with their solicitor, suggesting that you would prefer the final document to not be without prejudice, even if it only refers to the matter and agreement, without sensitive stuff. I imagine they would be only to happy to oblige, as they can bill their client for another letter!
There is no fixed amount or proportion of a copyrighted text which may be quoted without infringement. Whether quoting without permission is a fair use (which is what this question asks) depends on the totality of the circumstances, including the purpose of the use, the effect of the use on the market or potential market for the original, and the nature of the original work. In the Harper vs Nation case, quotes totaling roughly 300 words from the autobiography of former President George H. W. Bush (which was many hundreds of pages long) were held to be the "heart" of the work, and quoting them was found not to be fair use. There is no formula which can be rigidly or automatically applied to determine if a quote is a fair use. Note also that fair use is a strictly US legal concept, and a use which would be fair use under US law might well be copyright infringement under the laws of the EU, the UK, or other countries.
The entire purpose of the Entire Agreement clause is to say that this contract is the agreement, and anything previously negotiated is not part of the agreement. I don't know why they would fail to include that in the contract.