North Carolina Entire Agreement and No Waiver

State:
Multi-State
Control #:
US-OL18013
Format:
Word; 
PDF
Instant download

Description

This office lease contains the entire agreement between the parties and all prior negotiations and agreements are merged in this lease. The owner has not made any warranties with respect to the demised premises, the building, the real property or this lease except as expressly set forth in this lease and no rights, easements or licenses are or shall be acquired by the tenant by implication or otherwise unless expressly set forth in this lease.

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FAQ

In the state of North Carolina, a legally binding contract empowers a party who has been wronged to claim damages in court based on the basis of a breach of that contract. This contract can be in written form or can have been made verbally.

As a general rule, a contract is binding as soon as you sign it, and you do not have the right to cancel the contract. However, in some instances, North Carolina law, and sometimes federal law, gives you the right to cancel certain transactions even after you have signed a contract or agreement.

In order to establish breach of contract, a plaintiff must establish: 1) a valid and enforceable contract; 2) performance by the plaintiff; 3) breach by the defendant; and 4) injury arising as a result of defendant's breach.

Failure to follow through on a promise to make a gift is not enforceable as a breach of contract because there is no consideration for the promise.

Breach of contract happens when one party to a valid contract fails to fulfill their side of the agreement. If a party doesn't do what the contract says they must do, the other party can sue.

4 Elements of a Breach of Contract Claim (and more) The existence of a contract; Performance by the plaintiff or some justification for nonperformance; Failure to perform the contract by the defendant; and, Resulting damages to the plaintiff.

The relevant criteria are: There is a legally binding contract. ... The other party has failed to perform their duties under the contract. ... You have suffered loss as a result of the breach. ... The breach occurred within the last 6 years. ... Collating and preserving evidence. ... Reserving your rights. ... Taking legal advice.

For contract formation, the offer and acceptance are essential terms. The offer and acceptance form the agreement between the parties. The offer must be communicated, it must be complete and the offer must be accepted in its exact terms. Mutuality of agreement is a must.

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North Carolina Entire Agreement and No Waiver