Damn. So the doctor was in the wrong, but these kind of contracts should be forced to change. I need to make one of these to never have to be responsible.
Not really. Contract law enforcement is reactionary, not proactive.
While some contracts contain various provisions that are unreasonable and illegal to enforce. For enforcement of contract law to actually occur, someone actually needs to take the contract to court and have the judge issue a verdict.
The issue is getting a case before a judge is difficult as large corporations have significant financial powers. Unless the lawsuit is class action, the corporation can literally drag the plaintiff through legal hell until they accept an out of court settlement that prevents a ruling on the contract from being made.
funny you should bring that up.
this happened to my family years ago.
land-locked and surrounding landowners restricted access in/out.
the family cemetary still exists to this day.
remember grandmother taking me there in the 70's-80's to clean it up every so often.
if i click agree in your terms where section 12 paragraph B says, i give you the right to my first born child, you do not actually have a right to my first born child, do you see why?
Most terms of service break laws. Even if they didn't break laws they break common sense and being nice to other people.
Terms of service, binding contract... I'm not saying it's right I'm just saying it's in the clause. I was pissed when Microsoft updated their policy to "If you use our service you can not sew us. Maybe out of court, but you can't sew or be part of a class action law suit.
Per Microsoft policy, if you use their service, you can not use the justice system.
It's not just the airlines but the airport itself. I had items stolen out of my luggage and wrote a letter to the airport and airline to advise them. I told them what was stolen and on what flight at what time so they could at the very least record it so if similar thefts occur they could center in on the person. They wrote me back a standard answer letter that showed all that they cover if stolen. Basically they cover your shirts, socks and gotchies everything else can be taken with no payback. Check into this before you pack.
Not really. Contract law enforcement is reactionary, not proactive.
While some contracts contain various provisions that are unreasonable and illegal to enforce. For enforcement of contract law to actually occur, someone actually needs to take the contract to court and have the judge issue a verdict.
The issue is getting a case before a judge is difficult as large corporations have significant financial powers. Unless the lawsuit is class action, the corporation can literally drag the plaintiff through legal hell until they accept an out of court settlement that prevents a ruling on the contract from being made.
21 comments
n/a aleister 2017-04-11
I bet you've never read a contract of carriage to know they were never there.
n/a showmeurboobsplznthx 2017-04-11
Damn. So the doctor was in the wrong, but these kind of contracts should be forced to change. I need to make one of these to never have to be responsible.
n/a aleister 2017-04-11
Can you think of a better definition of a corporation?
n/a TeslasMuse 2017-04-11
I don't think getting your face bloodied as they slam your head into the armrest and being dragged out like a sack of potatoes is the right response
n/a not---a---bot 2017-04-11
Not really. Contract law enforcement is reactionary, not proactive.
While some contracts contain various provisions that are unreasonable and illegal to enforce. For enforcement of contract law to actually occur, someone actually needs to take the contract to court and have the judge issue a verdict.
The issue is getting a case before a judge is difficult as large corporations have significant financial powers. Unless the lawsuit is class action, the corporation can literally drag the plaintiff through legal hell until they accept an out of court settlement that prevents a ruling on the contract from being made.
n/a showmeurboobsplznthx 2017-04-11
Seems fair
n/a anonymity_ftw 2017-04-11
They may have breached their own contract as you can see explained here.
n/a drwooo 2017-04-11
you know what, there is no contract in the world that would make this just. and if it is, we need to burn it right now.
n/a anonymity_ftw 2017-04-11
I'm not sure that contract of carriage excuses their actions.
n/a SpongeBobSquarePants 2017-04-11
Otherwise know as how Ron and Rand Paul wished the world worked.
n/a krazeesheet 2017-04-11
yep. take resposibility for yourself instead of requiring everyone else to be responsible for you.
n/a SpongeBobSquarePants 2017-04-11
How does that work when the person / company which owns the street outside your house doesn't let you use it unless you only shop at his stores?
n/a krazeesheet 2017-04-11
funny you should bring that up. this happened to my family years ago. land-locked and surrounding landowners restricted access in/out. the family cemetary still exists to this day. remember grandmother taking me there in the 70's-80's to clean it up every so often.
n/a evenglow 2017-04-11
Read the fine print of almost everything. You have waived your right to justice. All issues must be settled out of court.
n/a drwooo 2017-04-11
a terms of service cannot break a law
if i click agree in your terms where section 12 paragraph B says, i give you the right to my first born child, you do not actually have a right to my first born child, do you see why?
n/a evenglow 2017-04-11
Most terms of service break laws. Even if they didn't break laws they break common sense and being nice to other people.
Terms of service, binding contract... I'm not saying it's right I'm just saying it's in the clause. I was pissed when Microsoft updated their policy to "If you use our service you can not sew us. Maybe out of court, but you can't sew or be part of a class action law suit.
Per Microsoft policy, if you use their service, you can not use the justice system.
n/a drwooo 2017-04-11
i'm pretty sure that's illegal and if you had a case with solid evidence against them breaking the law, you could still sue, no?
the thing is, i can file a lawsuit without their approval ... their lawyer will just receive the notion ... they can't stop me.
and if you have solid evidence, they have to defend them selves on court.
this is just silly.
n/a evenglow 2017-04-11
I'm not disagreeing. It just is. Or was. This article is dated 2011.
This was/is normal.
n/a AwayWeGo112 2017-04-11
I bet another airline will come out and guarantee this will never happen if you book with them.
n/a showmeurboobsplznthx 2017-04-11
It will be a subsidiary of united. Monopoly, duopoly. 20 options controlled by a slim few.
n/a Namesoog 2017-04-11
It's not just the airlines but the airport itself. I had items stolen out of my luggage and wrote a letter to the airport and airline to advise them. I told them what was stolen and on what flight at what time so they could at the very least record it so if similar thefts occur they could center in on the person. They wrote me back a standard answer letter that showed all that they cover if stolen. Basically they cover your shirts, socks and gotchies everything else can be taken with no payback. Check into this before you pack.
n/a aleister 2017-04-11
Can you think of a better definition of a corporation?
n/a TeslasMuse 2017-04-11
I don't think getting your face bloodied as they slam your head into the armrest and being dragged out like a sack of potatoes is the right response
n/a not---a---bot 2017-04-11
Not really. Contract law enforcement is reactionary, not proactive.
While some contracts contain various provisions that are unreasonable and illegal to enforce. For enforcement of contract law to actually occur, someone actually needs to take the contract to court and have the judge issue a verdict.
The issue is getting a case before a judge is difficult as large corporations have significant financial powers. Unless the lawsuit is class action, the corporation can literally drag the plaintiff through legal hell until they accept an out of court settlement that prevents a ruling on the contract from being made.
n/a anonymity_ftw 2017-04-11
They may have breached their own contract as you can see explained here.
n/a drwooo 2017-04-11
you know what, there is no contract in the world that would make this just. and if it is, we need to burn it right now.