If one writes a check with no exact amount but with an upper bound by indicating a &quot;Not To Exceed X USD&quot; on the memo line, is it legally binding? Example of a check with no exact amount but with an upper bound by indicating a &quot;Not To Exceed X USD&quot; on the memo line of the check: If the person who cashed out the check goes over the limit, can I successfully dispute it? The above picture comes from Los Angeles County clerk (mirror).
Assuming UCC § 3-407 applies in the the relevant jurisdiction: The recipient of an &quot;incomplete instrument&quot; (i.e., a check without the numbers filled in) cannot fill in those details without permission from the issuer of that check. Such a change would constitute an &quot;unauthorized addition of words or numbers [...] to an incomplete instrument.&quot; However, such changes are permitted if the change is authorized (both because it would no longer be unauthorized per 3-407-a and because the change would have &quot;assent&quot; per 3-407-b). In other words, you can use an &quot;NTE&quot; memo on a check, but you'll need to ensure that the recipient of the check is aware that the NTE line constitutes authorization to fill in the value of the check (and what value is authorized). In the case of a county clerk who explicitly instructs issuers to use such a memo line, the use of the memo line likely constitutes authorization for the clerk to fill in the blank values in accordance with the clerk's documented policies. Note that none of this necessarily binds the bank. A bank employee who notices and understands that the NTE line was violated should reject such a check, since the employee has notice of the alteration as described in 3-407-c . However, more often than not the bank will ignore the memo line; I don't believe the bank has any obligation to notice such content.
Are there any legal terms which can make it clear that such questions are about the &quot;outside of reach&quot; rather than &quot;outside of claim of reach&quot; situations? Enforceability Laws that claim but cannot reach lack enforceability. Note that enforceability is case-specific and subjective. The US may or may not be able to reach out to those it deems to be criminals on the other side of the world; those may or may not care.
Judging from your question, you are most likely referring to putting written questions to an expert witness who has given an expert report. (This would be the only time you would be putting written questions to an expert, if an expert is giving oral evidence there would be no written questions involved, your counsel would be asking questions orally). Please clarify if this is the situation. In most circumstances, these written questions are for the purposes of clarification only. If an expert report says one thing on a matter, you cannot (subject to court approval), pose a question in conflict to that fact. For example: if the report says "It is my opinion that the house is valued at 1 million pounds", you cannot say "You're lying, aren't you?" or "The house is actually worth 2 million, isn't it?". You may, however, ask questions such as "how did you come to your conclusion on this point?", "can you clarify the process in which a person values a house?". As for the correct procedure, please see CPR Rule 35.6:
It has to be in writing To prove it exists you can point to it and say “that’s it”. Further, to be valid it must be stated on the record in court or before a Judge Pro Tem, before a court reporter, or any other mediator or settlement conference officer appointed by the court to conduct a settlement conference. They’ll have a copy of it.
This (as always) depends on jurisdiction, but usually - No, just taking the money is not legal.. In most jurisdictions, if you have a claim (the rent, in your case) against a debtor , and the debtor does not pay, you are not allowed to take any enforcement action (taking property, coercing the debtor) yourself. Instead, you must obtain a court or administrative judgement confirming your claim. Even then, often only a court officer or the police may actually enforce payment of the debt. This is mostly to protect the debtor from unwarranted enforcement action (such as taking more than you are owed, or collecting a disputed debt). For example, in Germany, to enforce a debt the creditor must first obtain what is called a Vollstreckungstitel or just Titel (title) - an official document confirming that there is an outstanding claim. This is on top of any contracts already existing. A Titel is obtained either through a regular court judgment, or through an abbreviated, administrative process called Mahnverfahren (essentially, you ask the court to send the debtor a letter about your claim, and if the debtor does not file an objection, you get the Titel). Once you have a Titel, the creditor can enforce it any time they choose (with a Titel, the statute of limiation is extended from the usual three years to 30 years). However, actual enforcement must be performed by an officer of the court (Gerichtsvollzieher). Only they may do things such as collecting the debtors property, force open doors and even imprison uncooperative debtors. I don't know the exact situation in the USA, but I believe it is roughly similar. For example, the equivalent of a Vollstreckungstitel is a Writ of execution.
Is this legal? Generally yes, unless it unlawfully exceeds the scope of the license. Also, if it is, how can I check if it's permitted by the original store's EULA? Read the whole EULA, focusing on terms related to resale, assignment, and transferability.
In general, no. When the salesperson quoted the price and you accepted it you were each bound to that price by contract. Consideration under a contract must be sufficient (something of value for something of value) but it doesn't have to be fair: you can be obliged to pay $2 million for a cupcake or sell your Picasso for $1. You were and are under no obligation to pay and could successfully sue for the return of your money. To further clarify, it doesn't matter if the store has or has not provided the goods or services when they discover their error: they are obliged to perform their side of the contract without additional payment. Further, if this was a consumer contract then some sort of consumer protection law almost certainly applies. This would probably make what the store did not only a breach of contract but an offence against the state as well.
Contracts do not have to be written and signed on pieces of paper, except in a few cases specified by law. Writing style (ordinary style of talking vs. high-register formulaic language) does not affect the validity or a writing in contract law. You do have something in writing. What matters most is what he actually said (exact words, not your belief of what it must have meant), and how it relates to any existing contractual obligation. For example if the message says &quot;You're fired, turn your badge in at the desk. I'll think about giving you two weeks pay&quot;, that's not an enforceable promise. But your existing contract might say &quot;You get 2 weeks severance pay when we fire you&quot;, and that can't be walked by by saying &quot;I'll thinking about it&quot;. And it also depends on whether there are any laws mandating severance pay (but California does not have any mandatory severance pay law).