What terms are enforceable in a contractual agreement with a third party?

Two parties can contract to almost anything, as long as it does not conflict with the law or public policy.

Can I use an existing business’ name as part of my business name?

It depends on the name and the word. If the words are generic words that are not strictly associated with any single product, then they can be used. If the words are a name or brand that has become heavily associated with a product, it would be ill-advised to do so, as this would likely fall under the category of brand confusion. 

Do I have to pay for services not rendered?

Payment for services implies that the services have been or will be rendered. If you’re contracted to pay for services before they are rendered, then you may be obligated to pay. However, if the services have not been rendered, then you may not be required to pay for such services, as that would unjustly enrich the service provider. In such instances, you may be justified in terminating the agreement, and should consult an attorney to review your contract. 

What is discrimination and what is a employers obligation to accommodate my disability? 

Discrimination is a term that is applied too easily and broadly in everyday conversation. Discrimination is the treatment or consideration of, favoring or against, a person or thing based on a protected class or category to which that person or thing belongs. Discrimination only applies to protected classes of individuals named in the relevant statute, such as the Americans with Disabilities Act (ADA). 

An employer is only obligated to provide its employees with reasonable accommodation, when explicitly requested. 

When a company is acquired what is the due diligence for a merger and acquisition?

The due diligence that is required includes reviewing all the financial statements, projections, existing contracts, employment records, safeguarding procedures, etc. In essence, every aspect of the business must be reviewed and analyzed to ensure that the company is truly worth the sale price, the employees are not being mistreated or discriminated against, the company has good and ethical practices, and the security of the company’s information is strong enough to protect any private information from a data breach. Furthermore, it is highly advisable to get an independent evaluation of the business by an unbiased third party.

Can I pursue a claim against a company for financial remedies if it has already given me a refund?

No, you cannot. A requirement for a valid lawsuit in which the primary issue is financial is damages. If you’ve already recovered financially, because the company has given you a refund, there’s no longer anything for you to recover.

Has a valid contract been formed?

A valid contract requires offer, acceptance, and consideration. Many people get hung up on the fact that there’s been an offer and acceptance, but forget the idea of consideration. Consideration basically means something for another. Each party must do or refrain from doing something that they’re legally entitled to do in exchange for the other party doing or refraining from doing something that they’re legally entitled to do. A unilateral contract is the only exception to this, which only places a legal obligation on one party but may still require action from another party in order to trigger the legal obligation.

The absence of a valid contract may look like a favor that is offered, which may be rescinded because there is no legal obligation.

When is a verbal (oral) contract enforceable?

Verbal contracts are generally enforceable, with the exception of five categories of contracts, which are specified by the statue of frauds. The statute of frauds requires that contracts be in writing if they involve marriage, land, executorships, the sale of goods, suretyship, or lasting a minimum of one-year. All other contracts may be verbal. However, this may differ in accordance with applicable state law.