There are two legal defenses to these types of alleged Robinson-Patman violations: (1) the price difference is justified by different costs in manufacture, sale, or delivery (e.g., volume discounts), or (2) the price concession was given in good faith to meet a competitor's price. The Robinson-Patman Act also forbids certain discriminatory ...
Feb 05, 2020 · Thus, the most common type of lawyer used to sue a contractor is a business law attorney. There may be differences in the type of lawyer you need depending on the type of contractor you enter into an agreement with. For example, if you contract a real estate agent to sell your home, a business lawyer may not be adequate; you might need a real ...
Mar 24, 2020 · A class action lawsuit has been filed against Amazon claiming the online retailer doesn’t allow third-party sellers to market lower prices on other websites in violation of antitrust laws. Plaintiffs Deborah Frame-Wilson and Christian Sabol claim the retail giant illegally controls the pricing of third-party sellers on their platform.
Mar 24, 2020 · Civil infraction, punishable by up to $1,000 in fines and license/permit revocation/suspension (where applicable). *The mayor has declared a public emergency, which automatically brings § 28-4101 into effect regarding price gouging. It prohibits price increases of more than 10%. § 28-4101 - 4103.
Some people assume that, because small claims court doesn’t allow clients to be represented by an attorney, they don’t need an attorney at all. Nothing could be further from the truth.
Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include:
Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include: 1 False claims, such as when a contractor lies about their skill level, experience, or ability to complete a job. This is especially applicable if the results delivered do not meet reasonable expectations. 2 Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely. 3 False promises, such as promising to complete a job with an expensive material, yet sneakily using a cheaper product. For example, a contractor may promise to install an expensive Egyptian wool carpet, yet install a cheaper counterfeit version without the homeowner’s permission.
A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.
Fundamental Breach – The same as a material breach, but generally includes much more serious fallout. For example, a contractor who works on a roof incompetently might leave it in disrepair, resulting in leaks and thousands of dollars worth of water damage.
Anticipatory Breach – The contractor lets the client know they cannot fulfill the contract in advance.
False promises, such as promising to complete a job with an expensive material, yet sneakily using a cheaper product. For example, a contractor may promise to install an expensive Egyptian wool carpet, yet install a cheaper counterfeit version without the homeowner’s permission.
In most states, price gouging during a time of emergency is considered a violation of unfair or deceptive trade practices law. Most of these laws provide for civil penalties, as enforced by the state attorney general, while some state laws also enforce criminal penalties for price gouging violations.
The state of emergency prohibits unjustified increases in the price of essential consumer goods and services. Selling commodities, household essentials, fuel, etc. after a declared state of emergency for more than 10% over the cost of these items immediately preceding the declaration.
The two pricing practices most likely to get your business into trouble are: making incorrect price comparisons with other merchants or with your own "regular" prices, or offering something that is supposedly "free" but in fact has a cost.
Consumer protection laws place a potent weapon in the hands of buyers -- punitive damages. In an ordinary lawsuit, a plaintiff can recover only his or her actual losses. But many consumer protection laws allow consumers to ask for additional penalties -- which can drastically increase the damage award, sometimes to triple or more of the amount of actual damage. In addition, these laws often require the defendant to pay for the consumer's attorneys' fees. The potential for large verdicts gives buyers and their lawyers an incentive to sue if it looks like a law has been violated.
Under both federal and state law, an ad is unlawful if it tends to mislead or deceive, even if it doesn't actually fool anyone. If your ad is deceptive, you'll face legal problems whether you intended to mislead the customer or not. What counts is the overall impression created by the ad -- not the technical truthfulness of the individual parts.
Over the years, the Federal Trade Commission (FTC) has taken action against many businesses accused of engaging in false and deceptive advertising. If FTC investigators are convinced that an ad violates the law, they can do all of the following:
In an ordinary lawsuit, a plaintiff can recover only his or her actual losses. But many consumer protection laws allow consumers to ask for additional penalties -- which can drastically increase the damage award, sometimes to triple or more of the amount of actual damage.
The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. If you are a business owner, make sure you know about and follow the state consumer protection laws that apply to your business. These laws protect consumers from unfair or deceptive practices.
If you are selling your business, you should consult with a skilled and knowledgeable business lawyer. The process of selling a business is complicated and requires a thorough knowledge of not only business law, but local laws as well.
A business purchase agreement may also be known as a sale of business contract, or a business transfer agreement. It is utilized to transfer business ownership from the seller to the buyer. A business purchase agreement most commonly includes the following information:
There are several reasons to do so, but the most common reasons for selling a business include: It would be a better investment to sell the business. When a business owner decides to sell their existing business, they will need to be ready to commit some time to organizing all of their financial documents .
The business is no longer profitable to the business owner; The sale or breakup of the business is part of a larger court order, such as if the business is being terminated due to a legal violation; The original owner and/or operator can no longer be involved with the business; or. It would be a better investment to sell the business.
A letter of intent listing the terms of the transaction; Buyer’s due diligence, which is contained within the letter of intent and indicates that the buyer will verify all aspects of the business; A purchase agreement, which is a legally binding document locking the buyer into the price and other terms as agreed to; and.
A clause which states that both parties must agree to and approve of any changes to the agreement, in writing; How long the buyer has to inspect the building that houses the company; The state whose laws govern the agreement, generally the state in which the company exists;
A business succession plan should include: Approximate dates or time frames when succession will begin;
Unfair surprise occurs when the party that created the contract includes a term or terms in the contract that the other party was not aware of. It is also a term or terms that is not within the other party’s expectations. A limiting warranty would cause a contract to be unconscionable if one of the parties tries to limit their liability ...
It is important to be aware that contract laws vary greatly from jurisdiction to jurisdiction. An attorney can provide advice regarding local contract laws.
Unconscionability in contract law means that the contract is one that leaves one of the parties with no real, meaningful choice, typically due to significant differences in bargaining power between the parties to the contract. One of the main characteristics of unconscionable contracts is that one of the parties signed the contract in ...
If a contract is declared void, there is no damages awarded or specific performance ordered, but, instead the parties will be released from their original contract obligations. An unconscionable contract is also a type of abusive contract. Abusive contracts are illegal or unfair to one of the parties. These types of contracts are void ...
Abusive contracts are illegal or unfair to one of the parties. These types of contracts are void under the law and are not enforceable. An unconscionable abusive contract is a contract that is so one sided, it would be unjust for one of the parties to be required to perform their duties under the contract. The majority of abusive contracts are ...
An illegal contract is a contract that is against the law because the subject matter of the contract is illegal. For example, an illegal contract is one that seeks to address illegal gambling issues. An unconscionable contract, on the other hand, may not be illegal in terms of the subject matter but is unenforceable because ...
Duress; Unequal bargaining power; Unfair surprise; or. Limiting warranty. When one party exercises undue influence over another, it means that one party unreasonably pressures another party to get them to sign the contract, especially in cases where one party takes advantage of the other party in some way.
Everyone has consumer rights. You have the right to know what you will receive before you pay for a product or service, obtain what you pay for, complain when you are not satisfied, and get your money back when you have a legitimate complaint.
If your first attempt at complaining fails, contact someone higher up in the company. If the salesperson can’t help you, ask to speak to a supervisor or store manager, and then the owner or the company’s headquarters. Larger companies often have customer relations or consumer complaint departments that you can contact for assistance. If all else fails, ask to be connected to “customer retention,” a department responsible for keeping customers.
You may need certain documents, or evidence, in order to win your case or prove you paid for the item. These can include your receipt, credit card statements, screenshots of the company’s website, repair orders and/or the warranty.
In many areas, chapters of the Better Business Bureau (BBB) assist consumers with certain complaints. You can file a complaint with the BBB. Few consumer groups handle individual complaints, but action lines in many states help consumers to resolve problems.
You can stop payment on a check or an electronic payment from your bank account. This is a traditional consumer remedy, but it doesn’t work in every case and it may not end the dispute.
Small claims court is for the resolution of minor disputes. The rules and requirements for such courts differ widely from state to state, so the first step is to learn the rules for filing a case in your state.
The National Association for Community Mediation offers a program locator to help you find community mediation programs near you.