Massachusetts Specific Notice Provisions

State:
Multi-State
Control #:
US-ND1513
Format:
Word; 
PDF
Instant download

Description

This form provides boilerplate contract clauses that outline notice obligations and procedures for particular, specific circumstances and that determine when such a specific type of notice is and is not effective. Several different language options are included to suit individual needs and circumstances.

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FAQ

Although emails and other forms of written notice should suffice, if a contract specifies a form of written notice to a particular person or sent by registered or certified mail, the written notice should comply with those provisions.

(b) Notice may be communicated in person; by telephone, voice mail, telegraph, teletype, or other electronic means; by mail; by electronic transmission; or by messenger or delivery service.

If the recipient has admitted to receiving the email, or if he or she responded to it, this may serve as an official notice, but not in all circumstances. If you and the person have agreed that notification by email will be proof of notice, then you will need to have the agreement in writing.

(a) Notice under this chapter shall be in writing unless oral notice is reasonable under the circumstances. Notice by electronic transmission is written notice.

The notice must include the specific day that the tenancy will end. There is no designated way to give the notice to quit to the tenant. A landlord can give the notice directly to the tenant in person, but it's recommended that a disinterested person be present for this.

Rule 45(d) provides the mechanism for using a subpoena to compel the attendance of a witness at a deposition. It also permits the subpoena to be used to compel the deponent to produce at the deposition designated papers, documents, books or tangible things.

Several courts have declined to find that an email satisfied the written notice requirements in a contract; not because an email cannot constitute a ?writing,? but rather the email was vague, unclear or did not truly place the other party on notice.

Choice of law clause, also known as a governing law clause, that allows the contract parties to choose the substantive law of Massachusetts to apply to the contract.

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Massachusetts Specific Notice Provisions