Gym Membership Extraordinary Termination when Flaws were already present before signing? I'm going to a local gym in my town for about half a year. At the time I signed the contract I didn't have a car and bus or train is terrible where I live, so I had no other gym to choose from. The contract states terms of 1 year with a 1 month notice period to terminate it. Now, after these 6 months of training there and educating myself over a lot of weightlifting topics, I started to notice a lot of flaws in the gym. For example, I'd love to do Squats or Military Presses. Unfortunatly the gym doesn't have such a rack to take the barbell out and picking a heavy loaded barbell off the ground is pretty hard (even impossible when trying to lay the bar across my neck to squat with it). Also there are some machines I'd like to use, which are also missing. I read about extraordinary termination when the gym removes a machine (or other equipment) or does fail to replace broken ones, so I came to this question: Am I able to extraordinary terminate this contract due to missing equipment, although I technically should have know that it was missing before I signed?
Am I able to extraordinary terminate this contract due to missing equipment, although I technically should have know that it was missing before I signed? No (I'll assume that your jurisdiction is somewhere in the U.S., although many other countries apply contract law similarly). First, your statement that technically you should have known about the flaws [before signing] reflects that the contract does not misrepresent what equipment the gym has. Second, using the gym for six months evidences your satisfaction with the contractual relation. The parties' conduct reinforces the validity of a contract, whence a party's subsequent change of mind does not entitle him or her to breach that contract. You might be entitled to terminate the contract prematurely if (1) the flaws pose a realistic risk of injury, and (2) the gym disregards any [reasonable] safety concerns you report to the gym. In this regard, [gym's] gross negligence might suffice insofar as it touches on the covenant of fair dealing that is presumed in contract law. You may want to discuss with the gym your concern about the barbell/rack issue. However, it would fall short of entitlement-to-breach if you readily know --or should have known-- that maneuvering with the barbell(s) off the ground is hazardous given the progress you have attained so far.
It is unlikely that you could successfully sue the bank for breach of contract, but of course the first thing you should do is carefully read the agreement and see exactly what they promised. It is understandable that you would like to get your money right now, but that isn't necessarily guaranteed under the agreement. Assuming there is no statement in the agreement as to how long it will take them to deposit the reward once requested, they would have "a reasonable time period". I located on of those agreements, which says that it will be deposited 90 days after completing the requirements. If that is what your agreement says and after 90 days still no money, then you should speak to the branch manager and request timely compliance with the agreement. It would cost more than $600 to sue them, and the court won't punish them extra for missing a deadline (assuming this was not a deliberate and willful refusal on their part).
Without a jurisdiction, I'll just say that unless the comments made in the reviews and discussions were false, the individual is unlikely to have any claim, particularly given that you've stated that this occurred over the course of a year. However, the individual may be able to argue that they were not given sufficient notice of their performance, for example through performance evaluations, and given the length of time, it likely that one would have occurred. A company may be able to terminate an employee in spite of their overall contributions if they have breached policy - for instance, an otherwise outstanding employee who attracts negative customer reviews based in fact, and who is given ample opportunity and guidance to improve, may cause brand and reputational damage to the company; in this case, it is a commercial decision to retain or terminate the employee. As for what recourse the employee has, if the comments were factual, then it is likely that they will not have any, unless the employer has not adhered to procedural requirements - for instance, in Australia, you are required to provide an employee the opportunity to have a support person present at any meeting which may result in the employee's termination - or the employer broke some other law - for instance, discrimination, bullying or harassment law. Unfortunately, the contributions an employee makes does not necessarily negate the harm they do, and complaints based on an employee's performance are completely valid if factual.
Neither The contract is completed when each party has totally fulfilled its obligations under the contract. In this case, it is when the purchaser has consumed or otherwise dealt with the banana to their satisfaction. The vendor has ongoing obligations under the contract until this happens. For example, obligations that the banana is of merchantable quality and fit for purpose. If the purchaser peels the banana and discovers that it is "off" or eats the banana and develops food poisoning then the vendor still has obligations and can be sued under the contract. Yes, I realize that no one is going to sue anyone over a rotten banana but let's assume that "banana" is code for 54km of motorway construction and £1 is actually £1 billion. When is the contract formed? This is not a trivial determination and there are literally hundreds of thousands if not millions of lawsuits that have turned on this exact question. Once the contract is formed its binding on both parties; until then, either can walk away (subject to estoppel) The traditional analysis involves offer and acceptance. In your banana scenario, the shop displaying "Banana's: 50p/each" (it's a fruit shop - they always have unnecessary apostrophes) is not an offer - it is an invitation to treat. An offer is made by Ben placing the banana on the counter and proffering the £1, it is accepted by Sam taking the £1. At this point, the sale is binding on both parties. Ben has fulfilled all his obligations under the contract, Sam still has some. In addition to those discussed above, he owes Ben 50p. Strictly speaking, this is not an obligation under the contract but a debt due and payable. Consumer protection law The proceeding is a strict contract law interpretation - many jurisdictions have consumer protection legislation (and food safety laws for bananas) that impose additional protections and may change the contract law position.
First of all, a contract is valid without a signature and even without being in writing; all that is needed is consent by the parties. Therefore, the signature is merely evidence of that consent and is only relevant if a dispute arises over the general consent or the particular terms that were consented to. A digital signature would make it harder for Bob to argue that those were not the terms he signed but if I have Bob's signature on them then the onus of proving he didn't sign rests with Bob, I don't have to prove he did. All of the methods you suggest are valid as would an email saying "Got the contract. I agree. Bob."
am I required to send the stuff back? No, but you should be able to prove that you met the conditions of the original contract between you two. There is no gift. There is a compensation that forms part of the contract between the offeror and you. The offeror's preference to call it a "gift" does not change the legal fact that his offer and your acceptance to complete Nightwave Season 2 constitutes the formation of a contract. From that standpoint, you are entitled to keep the items he mailed to you as long as you honor your part in that contract. You are right by conjecturing that a party is not allowed to unilaterally alter a contract. Any modification has to be agreed upon by all parties to that contract. However, a consent or agreement may be inferred from the parties' subsequent conduct. Hence the best way to pre-empt or supersede any such inference consists of letting that party know that you disapprove of the belated alteration(s). The absence of a written agreement can only complicate matters, though, since it appears that neither party has an objective, directly credible way to prove the terms of the original contract. Perhaps such terms can be deduced from the subsequent emails that he has been sending you, but that is impossible to ascertain without knowing the wording of the subsequent communications between you two. Lastly, enforceability of your contract is less clear if completing Nightwave Season 2 through someone else's performance amounts to an unlawful act. Not being knowledgeable of the terms and conditions of that game (?), I am unable to state with certainty whether the offeror could lawfully recover from you the items he mailed.
You inspected the property online and based on that inspection you signed the lease. You have a legally binding contract. Now, it is not at all like the pictures How? I mean, are these pictures of a different house? If that is so then your contract is void for fraud. However, if the pictures are of the actual house and you just imagined from them that the house would be other than it is then tough luck for you. the stairwell in the house is a huge safety hazard for children OK. Does it comply with relevant building codes? If not then the landlord needs to bring it up to standard: you cannot walk away from the contract. Is it in need of repair? If so, the landlord needs to repair it: you cannot walk away from the contract. If it is compliant and in good repair and you think it is a hazard notwithstanding then you need to manage that hazard: this is not the landlords problem. I refused to move into the house That's fine: so long as you keep paying the rent there is no obligation on you to move in. If you stop paying the rent then it would appear that you have repudiated the contract and the landlord can sue you for damages - probably the costs of finding a new tenant and the rent up until that tenant takes over.
Can they have a clause in the fine print that in laymans terms just says 'we might just not fulfill our side of the deal'. That paraphrase appears to trivialize the actual terms of the contract (of which fine print you mention you don't know in detail). Germany's Bürgerliches Gesetzbuch (BGB) at §262 entitles the shipping company --insofar as obligor-- to a choice of service, provided that the company duly informs the customer, Id. at §263. The latter section of the BGB is not explicit as to whether the obligor's notification ought to happen at the formation of the contract, although I am almost positive that that is so and is premised on the BGB itself. Since delivery at the post office and delivery at the home address are mutually exclusive (i.e., they preclude each other), by virtue of §262 the company may outline in the contract both alternatives and thereafter decide for one of these unilaterally. If the company makes its contractual [post office] alternative contingent on &quot;being too busy with other things&quot; and the customer proves that the company opted for post office despite not being that busy, the customer could prevail on grounds that the company contravened Treu und Glauben. See Id. at §162(2). The &quot;I will mow your lawn&quot; example you outline is not a good analogy. The shipping company may argue that, even if the product is not delivered at customer's home address, the customer still benefited by having to retrieve it from a location --such as a nearby post office-- that is closer from the location where the product was commercialized or manufactured. The customer would prevail only if delivery were at a location which is more inconvenient to him than if he discarded transacting with the shipping company. See Id. at § 226.