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For example if in a contract, you're specified that an order" will be received in 2 weeks after it is sent".
(exact wording, not "should be received")

So, if it is sent Friday at 10am. Does the 2 week limit end on the 2nd following Friday at 10am, or even Friday at 11:59pm. (14 days later - and in the same timezone)

We received an item - that we needed Sat am, were assured it would get there on time. Got it the next day, 15 days later, Sat pm. We complained, and were told that Sat fell under the two weeks.

2006-10-26 04:41:52 · 10 answers · asked by dankloep 2 in Politics & Government Law & Ethics

10 answers

A fortnight is 14 days.

If they sent it on October 3rd it must arrive by October 17th. The time of day is not relevant.

If you needed it earlier you should have paid for express shipping.

2006-10-26 04:47:03 · answer #1 · answered by Da Judge 3 · 1 0

First off, the contract seems poorly worded. You are stating simple future tense (will be received). Also, what is to be received two weeks after "it" is sent? What is "it" - the order (your order to the supplier) or the item ordered?
What happens if it is not delivered in time? Is there a penalty in the contract? Damages? A discount in price?

Addressing the time issue: When would the two weeks would be up? Courts might hold that any time on the second Friday would comply on the basis that delivery by a certain hour would have been specified in the order. However, they might well hold (as your supplier apparently does) that the Sunday thru Saturday after your order was sent was week one. The Sunday thru the Saturday when your order was received was week two, so the order was on time.

Going back to the wording - you specified two weeks. Yet in your own arguement you are talking about 14 days. If you really meant 14 days, put that in your contract. Then there is no question. If you needed it by Friday at 10:00 AM, put that in there too.

Time of a particular day is very specific requirement. Citing a number of days is broader, and means any time on the 14th day. Citing weeks gets nebulous and open to the confusion that resulted.

2006-10-26 05:12:29 · answer #2 · answered by dollhaus 7 · 1 0

Even if you don't count the Friday it was sent, two weeks ends on the 2nd following Friday.
1 Sat
2 Sun
3 Mon
4 Tues
5 Wed
6 Thur
7 Fri
8 Sat
9 Sun
10 Mon
11 Tues
12 Wed
13 Thurs
14 Fri

If it does not specify working days, they are WRONG. To arrive within two weeks, it would have to have arrived any time on Friday.

2006-10-26 05:45:51 · answer #3 · answered by Phoenix, Wise Guru 7 · 0 0

Under statute law a contract by definition must have a start date and an end date to be valid. However in courts, weekends are not classified in days i.e 30 days wouldn't include weekends. so it would be in fact six consecutive weeks of 5 days not including weekends, unless the date of submittence was specified.

2006-10-27 00:27:15 · answer #4 · answered by Anonymous · 0 0

Time of day should not matter, unless it is specified as "within 48 hours", or such.

Calander days, including weekends should count, unless it is specified as a "work week" or similar. Up until midnight of the day in question is fine.

so if it was shipped on Friday 10am, I would think they have up until the Friday at midnight

2006-10-26 04:44:40 · answer #5 · answered by Anonymous · 0 0

Below are the definitions of bonus vs commission according to the Division of Labor Standards Enforcement (CA Department of Labor). Based on your description, I believe that your wife should contact the DLSE and ask some questions. Regardless of what an employer calls it, CA has very specific rules regarding "docking" of pay. If the bonus program is designed in such a way that performance "X" will result in "Y" pay, this is defined as wages. In CA, wages earned can not be deducted or otherwise forfeit. Hope this helps. Good Luck! Definitions of bonus and commission: "To qualify as commission wages, the employee must be involved in selling a product or service and the commission earnings must be a percentage of the price of the service or product sold. (Labor Code § 204.1; Keys Motors, Inc., v. DLSE (1988) 197 Cal.App 3d 557)" "In general, once commissions have been earned they cannot be forfeited. (Dana Perfumes v. Mullica (9th Cir. 1959 268 F.2d 936)" "A bonus is performance-based compensation to be paid to an employee in addition to the employee's regular salary. (Duffy Brothers v. Bing & Bing (1939) 217 App.Div. 10, 215, N.Y.S. 755)"

2016-05-21 22:19:07 · answer #6 · answered by ? 4 · 0 0

The term "two weeks" is vague. If you need something by midnite on a certain date, that's what should be written in the contract, along with the phrase "time is of the essence." (except in NY, where everybody uses the term "time is of the essence" in every contract, even where it is obviously not, thereby rendering the term meaningless)

2006-10-26 05:29:06 · answer #7 · answered by Anonymous · 0 0

Unless it specefies a time, or specefies "business days" then two weeks is two weeks. They could be calculating the two weeks from the next day though they should be required to tell you that is their policy.

2006-10-26 04:54:51 · answer #8 · answered by elysialaw 6 · 0 0

The two weeks is 14 work days(not weekends or holidays)

2006-10-26 04:49:55 · answer #9 · answered by Anonymous · 0 1

best to say it in business days for business. not 7 days, 5,6 7 and define business days.
if there was no contract or definition . well, good luck.

2006-10-26 04:49:30 · answer #10 · answered by macdoodle 5 · 0 0

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