North Carolina - Breach of Contract

[Rogean]

Can someone find me specific law, either North Carolina or Federal, that protects a party such as a consumer, from breaches of a contract by a company.

Specifically, part of the contract was removed, and the company thinks its ok to just remove the associated cost and still bind the contract's yearly auto-renewal, forcing me to keep paying for a defunct service that I can no longer use for several more months.

Looking for any specific law quotes that I can use against them.

Thanks.

[runlvlzero]

Contract is not legally binding law, u can stop service and refuse to pay, they can sue you and you can go to civil court and tell them no

[Rogean]

I understand state/federal can overrule contracts. I'd like to find the specific laws for this to shove in their face though.

[runlvlzero]

IANAL sorry

[Tenlaar]

Originally Posted by runlvlzero [You must be logged in to view images. Log in or Register.]

IANAL sorry

I'd say so.

Originally Posted by runlvlzero [You must be logged in to view images. Log in or Register.]

Contract is not legally binding law

Originally Posted by Cornell Law

An agreement creating obligations enforceable by law.

[runlvlzero]

Originally Posted by Tenlaar [You must be logged in to view images. Log in or Register.]

I'd say so.

EULA's are not legally binding contracts. But yeah, IDK I've heard of people getting out of those crazy gym memberships by just showing up in person and saying they won't pay, GTFL. Then again we're still allowed to have and use guns in my state.

[Obwin]

There should be a clause in the contract about what is allowed to be modified or the process for modification.

In general sounds like you have grounds to get out due to breach of contract. They can't just modify without a signed agreement to do so unless the contract specifically gives them that ability.

Unfortunately most of the "service" contracts are governed by common law, not specific statutes so there is nothing to quote unless you can find a case with similar circumstances. If it is actual "goods" you are recieving then checkout uniform commercial code article 2.

Can probably just give them the evidence in writing and say you are terming due to breach of contract. , Show them why it doesn't make sense to still purchase the other services from them and cite damages if any and stop paying them.

[mefdinkins]

I am not a licensed attorney in North Carolina, this is not legal advice, and I am not your attorney. However, you did pose a question and this North Carolina case may shed light on your situation.

Generally, if either party to a bilateral contract commits a material breach of the contract, the non-breaching party is excused from the obligation to perform further. McClure Lumber Co. v. Helmsman Const., Inc., 160 N.C. App. 190, 585 S.E.2d 234 (2003). If the company breached the contract by not providing the bargained for service then you would be excused from your obligation to pay.

However, they may have a clause in their contract regarding severability. The company may argue that the contract is severable and that the price paid is to be apportioned to each section of the contract they perform. Thus, binding you even if part of the contract has been removed.

[Sirken]

from - http://www.ncdoj.gov/Consumer/Purcha...to-Cancel.aspx


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 these instances, the seller is usually required to notify you of your right to cancel in the contract.

Where there is a right to cancel, the cancellation periods are short, typically three days, and they begin from the day you sign a purchase agreement or complete the transaction. If you choose to cancel the contract, carefully review the cancellation provision in the contract, and notify the seller in writing before the end of the cancellation period. In some instances, you may only need to have your cancellation notice postmarked before the deadline expires.

Below is a selected list of some transactions in which North Carolina consumers generally have a right to cancel the contract, typically within three days of the transaction. However, there are exceptions and qualifications to the right to cancel, some of which are noted below.



Loans Secured by Borrower’s Residence: A loan secured by an interest in the borrower's principal residence, including a mortgage refinance, except the right to cancel does not apply to the following types of mortgage loans:
A mortgage loan for the purchase or construction of a home, or
Advances under a preexisting open-end credit agreement.


Off-Premises Sales of Consumer Goods or Services that take place at a location that is not the seller’s normal place of business, including home solicitation sales, except the three-day right to cancel does not apply to:
Sales for less than $25,
Sales made entirely over the telephone or through the mail,
Sales or rentals of real estate,
Sales of insurance or securities, or
Sales made after negotiations at the seller's normal place of business or at a permanent retail shop.


Mobile Homes purchased from a dealer.


Prepaid Entertainment contracts for dance lessons, dating or social clubs, martial arts, health or athletic clubs.


Discount Buying Clubs.


Credit Repair Services.


Campground Memberships for more than one year if purchased from a campground operator or salesperson.


Certain Food Services, such as contracts to purchase meat in bulk or for home food service plans.


Timeshares purchased from a timeshare developer or salesperson.


Undeveloped Land purchased under certain conditions.



We Can Help

If you have a complaint about canceling a contract, contact us for help or call toll free within North Carolina at 1-877-5-NO-SCAM.

[myxomatosii]

Someone from my adopted state (Mass) talking about my home state (NC).

What a coincidence. Unfortunately I don't know law..

Good luck tho.