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0 pointskevincox3y ago0 comments

It should be illegal to make claims that you know are not legally valid.

Of course this would be a horrible rule to enforce between the "the contract changes weren't run by legal" and "that line is enforceable in this outher jurisdiction that we operate in". But scaring average consumers with a massive contract and a line at the end "even if part of this contract is unenforceable the remaining clauses apply" is just abuse of people who don't have the legal power to actually test if the claims are valid and get screwed over.

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gubby3y ago

Very often with contract law there is mostly no such thing as 'knowing a claim is not legally valid'. A lot of contract law is established by precedent, meaning in those cases nobody including the judge knew the enforceability of the issue before the judgement was written. Cases are also rarely identical examples of previous cases, meaning there can be an element of precedent setting even in cases that seem routine.

kevincoxOP3y ago

Yes. In those cases it is fine.

I don't think it should be illegal to have unenforceable clauses. Just ones that are known to be unenforceable. For example look at your average ISP out TV provider contract and there are a handful of these designed to prey on the public that doesn't know better.

It would definitely be difficult and messy to enforce, quite likely to messy to be feasible, but I would like to see some rule like this passed.

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