When does an agreement start and end? I need a definition of 2 weeks deadline in UK law I have entered into a (UK) agreement. It is incumbent on me to notify the other party of an outcome after which time the extension of time runs for 2 weeks. It states elsewhere in the agreement that notification by email is considered effective from the time of transmission so my question is this; If I submit the information to them at 11:00am on Monday, when does the time limit run until? 10:59:59 two Mondays later? 23:59:59 two Mondays later? 09:00 two Tuesdays later (being 2 weeks after the day after I notified? Or something else? If the Monday (date of transmission) didn't count, then I might as well notify them at 16:55 rather than at 10:00, otherwise I will have given them almost an extra full working day.
When does an agreement start and end? I need a definition of 2 weeks deadline in UK law I highly doubt UK law provides a definition for that. When material, that precision ought to be provided in --or deduced from-- the contract itself, its nature, or its circumstances in order to override the ordinary meaning of week. The term &quot;week&quot; ordinarily means a period of consecutive days. This suggests that, in the example you outline, the extension includes the entire Monday of the second week. As you rightly point out, this criterion gives the sender no incentive to email his notification during working hours. However, that issue is presumed to be factored in when stipulating the deadline of fourteen days. The language &quot;time of transmission&quot; is inconclusive as to whether the term &quot;time&quot; is intended for greater precision of deadline or merely to preempt the effect of significant discrepancies of time zone. For instance, if the sender emails his notification from U.S. West Coast Monday night, it counts as sending it on Tuesday because by then in the UK it was already Tuesday. You would otherwise need additional elements to support the position that &quot;time of transmission&quot; was meant for expiration of deadline to match the hour and minute of the notification.
This is actually required by german Law. Specifically § 623 BGB says: Die Beendigung von Arbeitsverhältnissen durch Kündigung oder Auflösungsvertrag bedürfen zu ihrer Wirksamkeit der Schriftform; die elektronische Form ist ausgeschlossen. Translation by me: Resignations and ending-contracts to end an employment are only valid in written form; an electronic form is not possible. The definition of the written form is in § 126 BGB. It basically says, that either a signature is needed or a notary has to vouch for it. So if you are actually employed under german law you have to send them a signed letter. How that letter arrives at the employer is not specified. I would imagine most resignation letters to be personally handed in.
Overtime pay in Ontario is required by the Employment Standards Act (ESA). Most employees are entitled to &quot;time and a half&quot; if they work more than 44 hours in a single week. According to this Ontario Government web page For most employees, whether they work full-time, part-time, are students, temporary help agency assignment employees, or casual workers, overtime begins after they have worked 44 hours in a work week. Their hours after 44 must be paid at the overtime pay rate. Managers and supervisors do not qualify for overtime if the work they do is managerial or supervisory. Even if they perform other kinds of tasks that are not managerial or supervisory, they are not entitled to get overtime pay if these tasks are performed only on an irregular or exceptional basis. ... A fixed salary compensates an employee for all non-overtime hours up to and including 44 hours a week. After 44 hours, the employee is entitled to overtime pay. ... An employer and an employee cannot agree that the employee will give up their right to overtime pay under the ESA. Agreements such as these are not allowed and would be deemed void. However, an employee can make an agreement to take paid time off in lieu of overtime pay or to average hours of work for overtime pay purposes. An employer cannot lower an employee’s regular wage to avoid paying time and a half after 44 hours (or another overtime threshold that applies) in a work week. For example, if Josée’s regular pay is $17.00 an hour, her employer cannot drop her regular rate in a week when overtime was worked to $15.00 an hour and then pay her $22.50 (1½ × $15.00) for overtime hours worked instead of $25.50 (1 ½ × $17.00). There are various industries that are subject to special rules that modify the usual rules for overtime. There are particular kinds of jobs that are exempt from the ESA. These are listed on this page. Conclusion The situation described in the question sounds like a violation of the ESA. But it might come under an Averaging Agreement, which is permitted. Under such an agreement weeks with longer hours are averaged with weeks that have shorter hours. There are rules governing such agreements. Note that the hours listed in the question amount to 35 hours per week. An additional nine hours could be worked in any given week before getting to the 44 hours of work which usually triggers overtime pay. The linked pages include official contact information for ESA information and enforcement.
If she rents the room to Bob mostly furnitured, then by default the termination period is two weeks to the end of the month. However, it is three months by default if she rents it to Bob without furniture. Is my understanding correct so far? This is covered in §573c BGB (the German civil code). By default the notice period is three months. (But is increased for the lessor (Alice) after 5 and 8 years.) For residential space that is only leased for temporary use, a shorter notice period may be agreed. (This applies e.g. to hotel rooms.) For residential space under §549(2)(2), notice of termination is allowed at the latest on the fifteenth day of a month to the end of that month. (This is almost, but not quite, 2 weeks.) Where §549(2)(2) describes: residential space that is part of the dwelling inhabited by the lessor himself and has largely to be furnished with furniture and fixtures by the lessor himself, provided that permission to use the residential space has not been given for permanent use to the lessee with his family or with persons with whom he maintains a joint household set up permanently. This seems to apply here since Alice and Bob are sharing the flat. is it possible to define a shorter termination period in the contract, say one month? Or is the legal default of three months always applicable and cannot be changed by contract? Per §573c (4), these notice periods are minimums: “An agreement deviating from subsections (1) or (3) to the disadvantage of the lessee is ineffective.” Thus, the rental contract could allow Bob to leave on a shorter notice period, but Alice can't kick out Bob with shorter notice period. Notice periods only matter when one party wants to terminate the contract against the interests of the other party. If both voluntarily agree that it's best to part ways, they can sign a termination agreement effective for some arbitrary date, no notice period required.
TOS are a contract. If you have a contract through the App, you have incorporated the TOS as a term of your contract. Contracts mean what they say they do, what you are thinking of as "basic contract law" is actual just an ordinary and customary term that people in your industry usually make a part of the contract, not contract law itself.
If the landlord has a right to charge a late fee (and that late fee is not a penalty) then that right accrues from the instant that the rent is late i.e. any time after 5:00:00 pm precisely if that is the time stated in the lease. If only a day is stated then it would be midnight. For case law on the penalty doctrine see PACIOCCO &amp; ANOR v AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED [2016] HCA 28 which involved a challenge to a bank charging late payment fees on credit cards.
could I claim that my product must be added asap? And is it reasonable to ask for compensation for the missed revenue due to pushing back the launch? Unfortunately, no. Your description reflects that you consciously treated as sufficient the limited knowledge you had at the formation of the contract. See Restatement (Second) of Contracts at §154(b). There is no indication that (1) at the formation of the contract the company committed to a more specific timing, or (2) you would have declined the invitation had you known at the formation of the contract that the company would keep postponing the inclusion of your product in the way you describe. You were given the expected date only after you performed your duties pursuant to the contract, which defeats the notion that the company's timing was any relevant to your decision of entering the contract. The only way you could prevail is by proving that the company breached the covenant of good faith and fair dealing that is implied in all contracts. See Restatement at §205. Other than that, the lack of contract provisions to protect your interests give the company significant discretion.
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.