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If a hurricane distrupts mass transit at least doubling commute time, could this be grounds for voiding a contract: I signed a contract for pilates certification where I work off the $4200 cost. It is 10 weeks long and i have done 2. Sandy hit and due to the effect on subways it will now take more the twice as long to get there then when i signed the contract. Will this near impossibility of fullfillment void the agreement she is running a hard line that I either owe her the time or money

Asked over 4 years ago in Contracts

Barry’s answer: If there was a force majeure clause in the contract that would dictate the parties responsibilities in such an "act of god" event, but since you make no mention of such a clause I will presume that it was not part of the agreement. Now, with the above having been said, generally the parties to a contract such as this will be entitled to the benefit of what each other bargained for. In your case, you obtain or rather have obtained the pilates certification and in return you agreed to provide the instruction to a large extent notwithstanding the hardship you may suffer in performing your obligation. Since it's "near impossibility" (i.e. 2 hours is just extra hardship) and not actual impossibility you continue to be bound by the contract. The above having been said, you can probably pay the $4,200 minus the value of the labor you've already provided and call it even with the studio owner. There may be nuances here that are not necessarily reflected in this advice that may depend on certain undisclosed facts, nothing in this post should be taken as a substitute for the consultation with a lawyer whom you've entered into a privileged and confidential attorney-client relationship with who will analyze all of the facts, apply the relevant law, and give you his or her candid opinion and advising.

Answered over 4 years ago.


Computer company not honouring my 3yr next day On-Site warranty: I bought a 3yr next day priory-Onsite extended warranty with my computer, direct from the manufacturer. It's now having issues and the company is refusing to honour, let alone acknowledge that I have such a warranty. I do have the original itemized email receipt, as well as screen shots from the manufacturer's own tool-kit show the warranty is valid till 2014.

I paid about 2K for the machine.

What can & should I do? Hire a lawyer & Sue? Small claims? For damages? Please let me know the best course of action.

Thanks

Asked over 4 years ago in Contracts

Barry’s answer: Generally speaking if you have a valid warranty you are entitled to a "return, repair, or refund" at your choosing under the Minimum Standards for Warranties Act (15 USC § 2304 - Federal minimum standards for warranties)... You should be entitled to receive your money back assuming that the issue you had with your machine was covered by the warranty, but certain things may not be covered (i.e. damage inflicted on the machine by the user that was not part of ordinary use). A warranty is not an insurance policy that steps in and compensates you for damage, so the precise terms of the warranty you bought are likely going to determine whether you can recover anything at all if you were to sue on the company's alleged failure to honor the terms of the warranty you purchased. $2,000 is within the maximum amount in controversy threshold of the NYC Civil Court's Small Claims Division, so that should be looked into... You do not need an attorney to file or appear on your behalf in small claims court, however an attorney can certainly assist.

Answered over 4 years ago.


Commissioner of Labor has withdrawn the determination(s) in the above case pending further fact finding.: What does this letter mean? I was only asking for a hearing about EUC benefits that the NYSDOL said I was entitled to receive in letters they sent me. Later they said I was not entitled to the benefits from NYS, and was sent a bill to repay them, because of employment for 8-days in another state, which they were fully aware of. This whole mess started when I was required to file a new claim when my NYS claim expired on July 15, 2012 to continue my EUC. They told me the claim was supposed to have been filed in February, they backdated it to then, and I was paid for 15-weeks from NJ. They said I could reopen my NYS claim to collect the extension, once my NJ claim was exhausted, and later denied it. There was no fraud involved.

Asked over 4 years ago in Employment

Barry’s answer: Simply put it means that a previous determination (i.e. that you were entitled to or not entitled to unemployment benefits) is being withdrawn (i.e. treated as though it never happened). We would need to see which determination the letter you sent relates (or you can call them and ask a representative who works in that dept. who has familiarized himself or herself with your matter). It unfortunately also sounds like there will be some significant agency activity to correct / rectify all of the confusion and make this matter consistent with the law.

Answered over 4 years ago.