Ask MetaFilter questions tagged with contractlaw

Fight a Mandatory Arbitration clause in new employment contract?

Imperfect — Mon, 25 Feb 2013 18:14:11 -0800

Looking to start a new job that looks otherwise awesome. But the employment contract has an arbitration clause in it and I'm hesitant. Ontario. On the one hand, I don't anticipate any problems with this company and am hesitant to cause further troubles down the line. All the current employees seem happy and well-adjusted.

But on the other hand, mandatory arbitration feels a little skeezy, especially since the contract states I would pay half of the cost of arbitration. Thankfully, Ontario's Arbitration Act states that a court will appoint the arbitrator, so I don't have to worry about being subjected to an arbitrator that will by necessity favour my employer, but there's no appeal to arbitration, no "discovery" phase where my employer can be compelled to provide evidence, and no review of the decision to ensure that the relevant laws are followed or the decision is fair. Heck, the arbitrator doesn't have to be aware of or follow law at all when making their decision.

I like this place, and I'd really like to work there but I don't need the job - in fact I have other interviews I'll have to cancel if I decide to accept the contract.

I guess I'm mainly wondering - am I completely off on arbitration? Are there benefits to me, the employee, that I'm not seeing? Or should I actually make an issue of this?

Help me understand a passage from a law book (on freedom of contract) + recommend me resources for further reading!

ethelwulf — Sat, 29 Dec 2012 03:28:55 -0800

Help me understand a passage from a law book: The most important consequence of changing views about freedom of contract in the period of 1870-1980 was the rise of the various institutions associated with the 'welfare state'. The introduction of institutions such as state-funded education and medical care, not to mention unemployment insurance and welfare, can be understood in large part as premised on the belief that freedom of contract is an empty ideal for those lacking the means to enter a market - a passage from a book (I am reading on my own) called "Atiyah's Introduction to the Law of Contract" by Stephen A. Smith.

I don't really understand the last sentence of the passage I've quoted (especially the bold part) and am not too familiar with the topic of 'welfare state'.

Please could someone help to clarify what it means?

Additionally, suggestions for further reading on this topic would be most welcome.

Thanks

Company refuses to honor one of two offers that were agreed to

East Manitoba Regional Junior Kabaddi Champion '94 — Mon, 11 Apr 2011 09:27:49 -0800

Legal experts of AskMe, I ask for your advice (which is not to be interpreted as legal advice)! Company X provided two online bonus offers. At the time I registered for the offers, neither offer stated that they could not be combined with the other. However, Company X only wants to apply one of the offers. Their justification is:
1) AFTER I registered for the offer, they added a term to one of the offers saying it could not be combined with another offer.

Applying the new terms to me without informing me of the new terms seems like it would breach the common law principle of mutual assent, and the mirror image rule. (IANAL)

2) They had a clause in the offer stating that "Offers, rules, and participating merchants are subject to change without notice."

To me, this "Anthing Goes" clause seems like it would cause only one party to be bound to the contract and associated transaction, since Company X can change any of the rules of the offer at will without notice. Therefore it seems like it would be unenforceable under the doctrine of Unconscionability, as stated in section 2-302 of the United States Uniform Commercial Code. (See also Williams v. Walker-Thomas Furniture Co., 350 F.2d 445 (D.C. Cir. 1965)) (IANAL)

Aside from the legal aspect, attemting to enforce this clause over a petty matter seems like terrible PR.

I spent hundreds of dollars to participate in these offers. I am going to write to Company X and ask that they enforce both offers. Based on what I have said, are my legal grounds solid, and/or do you have any better ideas? (No responses will be interpreted as legal advice.) Thanks!

Can an employer require a minimum tenure?

Cyrie — Mon, 08 Feb 2010 07:41:50 -0800

Asking for a friend: Is it legal for an employer (in Ontario, Canada) to structure an employment contract that requires the employee to stay and work for the company for a minimum period of time (say, one year)? My friend has been working for this organization for a while and in the past, she applied under the professional development program to get support for a study trip, and they told her they would only support it if she signed a form saying that she would work for them for a minimum of year once completing the training. She declined and paid for it herself.
Her job is now being restructured and she has to reapply for the position. She is concerned that any contract offer will come with something similar, where they may try to compel her to stay with the company for a year. This is different than a notice period (which does have a bit of guidance material out there). Can an employer do this? Seems a bit like indentured slavery to me, and some searching through the Ontario Ministry of Labour doesn't appear to touch on the issue.
I know you are not a lawyer, my lawyer or my friend's lawyer. Asking for guidance and past experience if you have it. Thanks in advance!

Should we pay for an estimate?

BobAndJoy — Sun, 20 Sep 2009 00:50:23 -0800

Can anyone advise on the legality of a tradesman coming to give an estimate for a repair, then charging for his visit without forewarning, in the UK?

artwork onsignment contract help

45moore45 — Mon, 10 Mar 2008 10:32:17 -0800

I am considering consigning my artwork to a gallery in Florida and there is one point in the contact I am not sure how to interpret or change. The contract is fairly standard (this is not my first gallery affiliation) but there is a statement about the gallery doing framing and getting reimbursed for framing. My work does not require framing but the owner wants to do simple frames around the paintings she says are temporary. The contract states the cost of framing is payable to the gallery upon sale of artwork. What it does not say is if she does this framing and the work doesn't sell, how is the gallery reimbursed. I assume it will be me if I don't alter the language in the contract. We are looking at over $30,000 in retail prices so I want to get this straight before I sign anything or deliver any artwork. Florida is a pretty sketchy state for artist rights. What would be the best way for me to protect myself and my artwork and/or alter the language of the contract so I don't get a nasty framing surprise at the end of the consigning period. Thank you.

Finding an employment lawyer in London

pengli — Mon, 21 Jan 2008 07:45:26 -0800

Down to the wire: legal advisor to review UK employment contract Considering an offer with a funded startup in the UK. There's equity involved. Can you recommend an experienced yet reasonably priced contract/employment lawyer to review my offer/contract? Have Googled around but would prefer to consult with someone who comes recommended. Thanks!