Discussion:
Ending A Computer Contract
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Jason
2010-04-05 08:25:21 UTC
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I have a computer contract that is for May til November. There is no
mention of what I will need to do in order to terminate this contract
prematurely. Since I live in North Carolina, an "at will" state, does
this mean I need to give 2 weeks notice if I need/want to end the
contract early?
sv
2010-04-08 20:17:07 UTC
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Post by Jason
I have a computer contract that is for May til November.
What do you mean by "a computer contract"? That you are a party to
some sort of contract generated by a computer? That you are the
seller of a computer to someone? That you bought a computer from
someone? That you agreed to purchase computer related services from
someone? That you agreed to provide services to someone that related
in some way to a computer? Other?
Post by Jason
There is no
mention of what I will need to do in order to terminate this contract
prematurely.
Is it a contract of stated duration - that is, for some identified
term - that has not yet expired? If so and if you had agreed to do
some act or at least to be responsible for the doing of some act -
e.g., provide some sort of service if requested by the other party -
during the term of the contract, what makes you presume that you may
terminate it prematurely, a least without adverse consequences to you?

In any event, what does whatever is the computer contract in question
*SAY* or, if it does not say explicitly, have the EFFECT of saying
shall be the consequence of terminating it prematurely?
Post by Jason
Since I live in North Carolina, an "at will" state, does
this mean I need to give 2 weeks notice if I need/want to end the
contract early?
North Carolina is not an "at will" state for the purposes of contracts
of an agreed duration which are other than contracts of employment.
Indeed, it is not even an "at will" state for an otherwise valid
contract of employment between and employer and employee for a
specific duration (re. which "otherwise valid" as here used refers to
an oral agreement, if for a period shorter than the period required to
be in writing to be enforceable in light of the state's Statute of
Frauds and in writing signed by the party to be charged if longer than
for that period).

Unless/until you post MUCH more information than you do about whether
the contract in question is memorialized by a signed writing or is an
oral contract and about its duration and about all its other here
relevant provisions, no one will be able to answer your botom-line
question whether you may terminate it without adverse consequences.
sv
2010-04-10 20:34:36 UTC
Permalink
P.S. -

{a contract that says is shall be in effect
May til November does not say what is
needed to terminate it prematurely}

Whether or not a contract says it shall not terminate
until a therein stated date, has the party who wants
to terminate it before that date *asked* the other
party to agree to an early termination? If not, why
not?

If the party who wants to terminate it before its
stated termination date does ask and if the other
then agrees orally, does the contract say that more
is needed to achieve this end - f'r'ex, that an early
termination will not be effective unless stated in/by
a signed writing (which might be only one sentence
long)? If so, has the he party who wants to terminate
the contract before it would otherwise expire by its
terms given the other party a proposed termination
document so stating and asked that other party to
sign and return it? If not, why not?

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