Question for lawyers (or just anyone who knows technical aspects of the law)

brentspeak

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Wed Sep-16-09 02:13 PM
Original message

Question for lawyers (or just anyone who knows technical aspects of the law)

When, just as an example, a credit card company inserts into their user agreements the following clause: "We reserve the right to modify/annul the conditions of this agreement at any time and for any reason..."

Is there a technical term for these kind of "you agree to legally give us the Power of God" clauses?

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flvegan

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Wed Sep-16-09 02:17 PM
Response to Original message

1. Boilerplate consumer screwisms?

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imdjh

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Wed Sep-16-09 02:21 PM
Response to Original message

2. I'm waiting for it to go to court. I believe that it effectively negates the contract.

A contract which allows one party to essentially change the agreement without the consent of the other party to the contract isn't a contract.

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brentspeak

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Wed Sep-16-09 02:33 PM
Response to Reply #2

5. Agreed. It doesn't seem Constitutional

Unless, of course, such contracts are held to be Constitutional by a corporate-minded higher court.

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kelly1mm

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Wed Sep-16-09 02:22 PM
Response to Original message

3. Look up "contract of adhesion" - non necessarily invalid but if

you could convince the finder of fact that it was "unconscionable" it could be deemed an invalid contract.

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Lucy Goosey

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Wed Sep-16-09 02:28 PM
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4. Well, I'm a government contracting/procurement policy nerd...

and while we wouldn't be able to get away with the wholesale assholery that credit card companies get away with, we do have Termination Clauses in every contract we issue saying that the Government can pretty much terminate a contract for any reason at any time, as long as we pay up for goods and services that have been delivered. (The contractor is not granted the same right.)

I'm in Canada, though, so it's probably not even the same thing in the US. So not much help, really. Sorry.

I think the credit card companies' clauses should be called something like the Corporatist "Fuck You, Peasant, We'll Do What We Want" Clause.

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safeinOhio

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Wed Sep-16-09 02:45 PM
Response to Original message

6. Dear VISA

Edited on Wed Sep-16-09 02:45 PM by safeinOhio

Please be informed that I will no longer be responsible for any debt to you if, at my whim, you piss me off for any reason. At such time you will be notified by mail. If you do not wish to accept these terms, you must inform me within 30 days in writing.

Thank you
XXXXXXXXX

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Wed Apr 24th 2024, 06:35 PM
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