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Non-Solicitation Agreement — other party claiming force majeure

Started by eComm_Seller_2022 · Sep 29, 2023 · 1,638 views · 4 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
ES
eComm_Seller_2022 OP

Looking for advice on a legal issue. Here's what happened.

other party claiming force majeure. I've been dealing with this for about 8 weeks now and the situation isn't improving.

The contract was signed 17 months ago. I have a copy of the original agreement. The total amount in dispute is approximately $15,000.

Am I overthinking this or is this a real legal issue worth pursuing?

CP
ContractLaw_Priya Attorney

Attorney here. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under UCC Article 2. The standard is whether a reasonable person would find the conduct a material breach.

One important thing — there are strict deadlines for filing these claims. Don't wait too long.

AF
asking_for_friend_seller_advice

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

PB
PatentAgent_Boston

Not a lawyer, but I have direct experience with this.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

TA
TenantRights_Advocate

Not a lawyer, but I have direct experience with this.

In my case, it took about 2-4 months to resolve. The key was hiring an attorney to send the initial letter.

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