Could the property owner in a land contract be legally sued if an injury or accident occurred in a swimming pool on property?
Yes and no. It depends on the specific circumstances at the time of the event, and leading up to the event. If the person(s) injured were trespassing, then then can be relieved of all responsibility as they had no legal permission to be on the property in the first place.If the pool was covered, or signs are visible that it’s not to be used, and people do so otherwise, they do so at their own peril, and again the owner is clear of liability.But if the pool isn’t being maintained properly, then the owner can be held responsible, unless a sign is placed that the pool is to be used at your own risk. But even then, the owner needs to have a sign saying to use at your own risk.
Is it legal for a contract to take away personal property if I break the terms?
Yes.It is legal for a contract to take away personal property if you break the terms.As another answer here says, that’s what happens with an auto repossession. You’ve borrowed money and promised to repay it. You pledged your car as security. If you “break the terms”—if you fail to pay as specified in the sales agreement—the dealership has the right to repossess the car.The same is true for other personal property.That’s also how pawn shops work. You provide an item of personal property. The shop loans you money. If you fail to repay the loan, the pawn shop can seize your property.And it’s true, as well, for real property—for real estate. If you don’t pay your mortgage on time, the lender has the right to foreclose and seize your property.
How are contract law and property law similar and different?
This is a very broad question since contract and property law are very different “animals,” although they can overlap.Property law includes both real property (“land”) and personal property (for example, “car”) and the rules are different depending on what the “property” is.Contract law pertains to an agreement (“a meeting of the minds”) between two or more parties wherein there exisits an offer, an acceptance, and consideration. A contract may be an agreement relating to almost anything that is not for an illegal purpose.A contract exists when parties agree, for example, to buy and sell a house for an agreed price on agreed terms. Certain contracts, like those for real property, must be in writing to be valid. This is a requirement governed by a legal concept known as the statute of frauds. However, most contracts meeting the requirements of offer, acceptance and consideration are as equally enforceable when oral as when written.Usually, the statute of limitations on oral contracts is shorter, say two years from date of breach, while a written contract will have a statute of limitations of four years from date of breach. (Note: these deadlines vary from jurisdiction to jurisdiction and is not stated here as legal advice, but for illustration only. )Property law relates to those rules specific to either real or personal property. For example, real property transactions can require that numerous specific conditions be met to be valid, such as environmental clean ups. A personal property transaction, like sale of a car, may require a sworn affidavit that the odometer reading is true.Real property laws are vast, including things like riparian (water) rights. For example, if a river that once served as a boundary line between your farm and mine changes course, who owns what after the course change “moves” former pasture land on my side to your side?Way too much for discussion here, but I hope this helps clarify that contract law and property law are totally different subjects.
Do city ordinances still apply in as-is property contracts?
By "point of sale inspection" it sounds to me like you mean an inspection to get a Certificate of Occupancy, or other similar approval. If this is the case, then in an "as-is" contract, the responsibility would be on the buyer to make required improvements or cancel the contract. Unless the seller wants to sell the property bad enough and agrees to make the required repairs to get the CO.
"to wit" RE: Legal Description Real Property?
The term "to wit" preceeds the legal decription in deeds. What is the definition of "to wit" and more specifically when I am writing a legal description wherein I first give a general descrition of Section, Township and Range followed by more particularly described as to wit: then give a meets and bounds description of said section. Not knowing the definition of To Wit, I want to make sure that when I use it again at the beginning of the "more particualy" description" that I have not started over and excluded the "general descrition." as part of the full description. Thanks.
How can I sign a legally binding contract as a minor?
In English contract law, a minor is any individual under the age of 18 years.As a general rule, a minor is not bound by contracts he makes, though the adult party whom he contracts with is. Once a minor reaches the age of majority however, he can elect to ratify/approve a contract made as a minor in full capacity.However, there are some types of contracts which can be entered by minors:Contracts of necessaries: Minors can be legally bound where a contract supplies them with "necessaries", or goods and services which are deemed necessary or beneficial to them. Although it is clear that contracts for necessaries can legally bind minors, the terms of such a contract may defeat it. Where a contract contains particularly burdensome or unfair terms, the courts may decide that a minor does not have the capacity to be bound by them.Contracts of employment: Another exception relates to contracts of service for employment, apprenticeships and education and the reason for this is so that businesses have some certainty when entering into contracts with minors, particularly where they benefit and can start to earn a living. These contracts are potentially binding as long as they benefit the child. But it will always be subject to the minor being able to understand the implications of the contract. If not, the contract will be void.Property contracts: If a minor acquires property with obligations attached to it, such as leasehold or shares in a company, they are bound by those obligations until they no longer own the property. Once again however, the minor may ‘void’ the contract by repudiating it at any time before 18 years of age or in a reasonable period afterwards.To sum it up, a minor can enter into a contract. There is a presumption, however, that they do not understand the implications of entering into the contract. This means that the minor remains protected, to the disadvantage of the other party.The minor is also able to cancel a contract at any time before reaching the age of 18, and for a reasonable period afterwards without valid reason as the contract is ‘voidable’.If you need any further help, please don’t hesitate to contact me or Linkilaw directly.
Is the actual employment contract itself intellectual property?
Judging by your profile I can tell you are asking from Australia. In this case, copyright infringement is when a person uses all, or a “substantial part”, of copyright material in one of the ways exclusively controlled by the copyright owner without the express or implied permission of the copyright owner, where no defence or exception to infringement applies. Any contract is automatically copyrighted by its creator (whether it be the writer or the contractor contractor to write it). The most important element to this is the substantial part which is any important, distinctive or essential part of the piece. In a contract - with all its features and intricacies - most elements are essential.Even though the contract is covered by copyright law, you could tweak it to make it your own using you're on creativity. Changing verbs, directives, syntax and consequences would make the contract "yours" - escaping copyright liability. Infringement: What Can I Do? Legal to Use Someone Else's Contract?
How can I prove that the law of contract is a parent to both commercial and property law?
If you are talking about Anglo-American law, you can make a far better argument that they aren’t. Real property law derived from Domesday Book after the Norman Conquest in 1066 CE. Greater scholars, like Plucknett and Vinogradoff back to Maitland have traced it back to Roman roots in dominium. The key policy thread was clarity of title as the basis for consistent “taxation.”Contract law begins to evolve much much later in the writ of assumpsit. Arguably, it evolved from the earlier writs regarding enforceable rights derived from possession, like debt and case. A respectable argument can be made to contradict that conclusion, but the date is in the 14th century.It has been argued, first by Ms. Shapiro, that loan enforcement law and possessory law both arise at the time of Richard Coeur d’Lion as a means of financing the Crusades with loans from the London Jewish community. Professor Broyde published a brief article suggesting that bailment also comes to us from the Talmud. And, I believe I have demonstrated in my article published in The Conveyancer in London that most of commercial law draws its principles from Talmud and cannot be traced to the Romans, Greeks, or others, as casually asserted without citation by Professor Jolowicz. A complete version of the article with all footnotes and citations is on my office web site here.
In property law,distinguish a trust from bailment, agency, contract, a limited company.?
Can you act like you at least tried to do your own homework before asking the question?
What is the legal age for owning property in New York City?
The previous answer has it right. Anyone can own property at any age. For example a parent can own a house and piece of land outright and transfer that to their child's name. As for purchasing a property, you would need to be 18 years old to enter into a legally binding contract. One item which could change this if a minor were to become emancipated. An emancipated minor is allowed to enter into legal contracts and could purchase a property.