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No safety issue.nm posted:Without a reason why other than "policy and appearance" this strikes me as the very definition of reasonable accomidation. It's a franchise store, but it's a franchise that owns 35 stores, so they likely have some kind of HR.
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Aug 23, 2015 21:03
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In a contract, what is binding? The numerical number, or the written out number? For example: I promise to pay you $1000(five hundred) in 10(thirty) days. What's binding there?
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Aug 25, 2015 00:46
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Nice try 1L contracts professor.
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Aug 25, 2015 00:55
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Hot Dog Day #91 posted:Nice try 1L contracts professor. But seriously I have no idea what the right answer is.
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Aug 25, 2015 00:56
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The average.
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Aug 25, 2015 00:56
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lord1234 posted:But seriously I have no idea what the right answer is. It involves the rare judicial process known as, "Everyone pick a number between 1 and 10."
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Aug 25, 2015 01:03
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lord1234 posted:But seriously I have no idea what the right answer is. This is a speech I give my clients: If you ever find a lawyer that says something besides "It depends," don't hire them.
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Aug 25, 2015 01:34
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lord1234 posted:But seriously I have no idea what the right answer is. That would create an ambiguity justifying examination of other evidence of the intended price outside the contract itself. If there is none, the judge would pick whoever seems more believable.
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Aug 25, 2015 01:43
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the milk machine posted:That would create an ambiguity justifying examination of other evidence of the intended price outside the contract itself. If there is none, the judge would pick whoever seems more believable. Also why you should never draft a contract that uses words (numbers).
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Aug 25, 2015 02:16
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lord1234 posted:In a contract, what is binding? The numerical number, or the written out number? Hopefully the contract for your malpractice insurance.
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Aug 25, 2015 06:10
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ulmont posted:Also why you should never draft a contract that uses words (numbers). I can't stand that convention and yet almost every single contract we work with or draft does it. 
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Aug 25, 2015 13:51
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the milk machine posted:I can't stand that convention and yet almost every single contract we work with or draft does it. 1. Documents weren't copy/pasted. 2. Documents were proofread, not just spellchecked.
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Aug 25, 2015 14:24
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I've had two cheques in my lifetime get cashed for x amount + 40 cents instead of 00 cents, so at least dumbass banks in Plano, Texas just go with the number.
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Aug 25, 2015 18:23
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Texas Landlord/Tenant question: The Texas Property Code says that the landlord's duty to repair includes "a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit". My hot water heater is working, but my shower faucet is broken. Is that considered part of a "device to supply hot water"? What is considered a reasonable amount of time for repairs to begin? I've read seven days, but that's for most repairs. Is the lack of a functioning shower (faucet is broken, the other water works) enough to qualify for an emergency repair or do I really need to give them seven days? My shower faucet was difficult to turn off and on (the connection is loose under the handle), starting on Saturday and I filled out a work order for the landlord on Monday morning. The faucet stopped working completely Monday night, and I notified them of it this morning so they'd upgrade the work order's urgency. If I get home from work and it's not fixed yet I'll be pretty unhappy, and want to know if I really need to wait until next Monday or if I can press them to make the repair more quickly.
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Aug 25, 2015 19:07
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That isn't a legal issue, you can complain at your landlord to fix the shower without citing a code provision to them.
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Aug 25, 2015 19:20
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pathetic little tramp posted:I've had two cheques in my lifetime get cashed for x amount + 40 cents instead of 00 cents, so at least dumbass banks in Plano, Texas just go with the number. This is even funnier as with checks where the written amount (the "legal line") is explicitly the legal amount, but banks now just process checks through readers that scan the numerical amount (the "courtesy box") (and no way does anyone review the scanned value unless there's a dispute). Reztes fucked around with this message at 19:28 on Aug 25, 2015 |
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Aug 25, 2015 19:22
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See if it's working when you get home. If it's not, call them and ask why. No it doesn't fall under the hot water heater provision, but if you can't work with your landlord on this, suing them to force a repair sure won't help.
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Aug 25, 2015 19:58
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One of the most frustrating parts of being a lawyer is explaining to people that even if the law says they're right (they usually aren't), the other party usually won't give a poo poo and do whatever the gently caress they want and that going to trial is expensive and time-consuming so maybe go talk to the other guy and work it out. We don't have an equivalent for small-claims court here. Do judges in those usually have higher discretionary powers to accept/dismiss evidence in an effort to speed up proceedings?
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Aug 25, 2015 20:17
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the milk machine posted:I can't stand that convention and yet almost every single contract we work with or draft does it. I write engineering specs. Some technical writer got it out into our standard that written construction contract documents should all be done like this. They're plain language specifications. I figure they did it because it looked all legal and official like. It serves no purpose, and to highlight this even more, they stop doing it once you get to numbers you normally wouldn't write out in words. "Install one (1) pump at each of the 129 locations indicated on the attached drawing." I get into long arguments about this every month or two because documents like this with my name on them make me really annoyed. Edit : seriously, 90% of the contract documents are drawings covered with tiny little numerical measurements that will get photocopied a billion times and covered in dirt. Yet, somehow the thing we're worried about is numbers in a document that will mostly be looked at in pdf and is in a nice big size twelve font, double spaced. Oh, and it's only numbers below ten that we're worried people will screw up. T.C. fucked around with this message at 20:24 on Aug 25, 2015 |
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Aug 25, 2015 20:18
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Ur Getting Fatter posted:One of the most frustrating parts of being a lawyer is explaining to people that even if the law says they're right (they usually aren't), the other party usually won't give a poo poo and do whatever the gently caress they want and that going to trial is expensive and time-consuming so maybe go talk to the other guy and work it out. Small claims courts and their equivalents usually have very basic or nonexistent rules of evidence, and judges don't expect pro se parties to understand stuff like that. Appealing from those courts is usually a de novo trial at a proper trial court, so there are no concerns with preserving a record for appeal.
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Aug 25, 2015 20:24
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the milk machine posted:Small claims courts and their equivalents usually have very basic or nonexistent rules of evidence, and judges don't expect pro se parties to understand stuff like that. Appealing from those courts is usually a de novo trial at a proper trial court, so there are no concerns with preserving a record for appeal. So in practice they're as binding as the loser's party willingness to go to a proper trial?
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Aug 25, 2015 20:26
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In general, yeah I think so. In Virginia, a small claim and certain other stuff would start in the General District court, which is not a court of record (no reporter or transcript unless you hire your own). If you don't like the result, you re-try the case in the Circuit Court, which has all the normal esoteric rules of procedure and evidence and such.
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Aug 25, 2015 20:31
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Ur Getting Fatter posted:We don't have an equivalent for small-claims court here. Do judges in those usually have higher discretionary powers to accept/dismiss evidence in an effort to speed up proceedings? In Texas, small claims Court is the legal equivalent of the Wild West.
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Aug 25, 2015 20:36
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This isn't the first issue that I've had with the management company for my apartment. The front office agents are nice enough, but the maintenance crew is lazy at best and incompetent at worst. They have: left my front door unlocked all day, left my neighbors garage door open all weekend while they were out of town, entered without prior notification (not sure if this is actually illegal in Texas), and done maintenance without leaving a copy of the work order when finished (not illegal, but not following their policy). I'm planing on working it out with them, but saying "hey you guys have done this stuff, and it's kinda illegal - please fix it because I actually like living here" is what I was going for. JUST MAKING CHILI fucked around with this message at 21:34 on Aug 25, 2015 |
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Aug 25, 2015 21:32
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Pointing out that something is "illegal" is generally going to escalate a situation, not get things working in your favor. Just be courteous and pleasant and figure out the right person to talk to, if any. Barring that, move. Don't try to litigate your shower faucet because it hasn't been fixed in 24 hours. Legal threats don't usually help anything, and some companies will immediately refuse to speak with you and direct you to their lawyer once threatened; letter writing and such is more useful as documentation later down the road. the milk machine fucked around with this message at 22:02 on Aug 25, 2015 |
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Aug 25, 2015 21:59
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Also, it's really just a violation of the Texas property code. It's not a crime. Your legal remedies are to sue to force the repairs, sue to break the lease, sue for monetary damages, or repair the condition yourself and withhold rent (do not do this, it's a tricky law to follow correctly). Land lords typically hold all the cards, because if they decide they want to evict you, it's ridiculously easy to do so. There a reason we're suggesting tact and diplomacy. Complain to their bosses after they fix it, but holding a statute in your hand while doing so rarely goes over well, because what you're saying is "I'll sue your rear end."
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Aug 25, 2015 22:24
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If all you want to do is claim something is illegal (I'm not endorsing this strategy), just claim it's illegal. Claiming it's illegal and the legal thread on Something Awful's Ask/Tell forum agreed it's illegal isn't anymore convincing. If you're planning on actually suing them, hire a lawyer, because you'll need to do that anyways (again, not endorsing this strategy).
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Aug 26, 2015 01:56
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the milk machine posted:In general, yeah I think so. In Virginia, a small claim and certain other stuff would start in the General District court, which is not a court of record (no reporter or transcript unless you hire your own). If you don't like the result, you re-try the case in the Circuit Court, which has all the normal esoteric rules of procedure and evidence and such. Just FYI, but Cook County Circuit Court, one of the largest in the country, also has no reporter or transcript available unless you bring your own reporter, but it's as real a court as any other. The only 'record' is one done with carbon paper that is usually illegible. Good times.
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Aug 26, 2015 02:22
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Ur Getting Fatter posted:So in practice they're as binding as the loser's party willingness to go to a proper trial? Yeah, it's a common rule that the defendant in a small claims action can transfer the case to the regular civil court if they pay the difference in filing fees.
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Aug 26, 2015 05:50
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mastershakeman posted:Just FYI, but Cook County Circuit Court, one of the largest in the country, also has no reporter or transcript available unless you bring your own reporter, but it's as real a court as any other. Nice, living the dream.
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Aug 26, 2015 20:37
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So I have a question regarding copyright stuff. In a story I'm working on, a character is briefly written as wearing a Batman costume. This seems totally fine to me, but when I told a friend about it, they expressed concern. I guess I'm just looking for confirmation that I'm right in thinking that it's okay, and that I won't be fined or something. Thanks in advance!
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Aug 28, 2015 07:47
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uberwekkness posted:So I have a question regarding copyright stuff. There is absolutely no issue with mentioning trademarked or copyrighted things in a work of fiction, as long as you don't imply endorsement or tarnish the image of the thing referenced. So unless the character wearing a Batman costume is Jeffrey Dahmer, you're good. A weird folk legend seems to exist that writers need to get some unspecified "permissions" to mention things, businesses, or places in their books. They do not. Of course, you can't write "The Kim Kardashian Guide to Disneyland" without permission from both KK and Disney, but you can say "Bob went to Disneyland and noticed Kim Kardashian there with her daughter and a flock of nannies" in a story about how Bob hates California or whatever. However, there is absolutely no "fair use" in the U.S. for quoting song lyrics, so you do need permissions for that. AlbieQuirky fucked around with this message at 16:24 on Aug 28, 2015 |
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Aug 28, 2015 16:19
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AlbieQuirky posted:However, there is absolutely no "fair use" in the U.S. for quoting song lyrics, so you do need permissions for that. That's stupid. (c) Universal Music Group
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Aug 28, 2015 17:08
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Can I set up a private club that will pay members for proof of their votes in US national government elections? How about if I will pay differing amounts for different parties? That is, I want to pay $0.001 for proof of democratic votes, but $20 for proof of republican votes, and only allow specific people to become members?
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Aug 29, 2015 22:46
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baquerd posted:Can I set up a private club that will pay members for proof of their votes in US national government elections? How about if I will pay differing amounts for different parties? That is, I want to pay $0.001 for proof of democratic votes, but $20 for proof of republican votes, and only allow specific people to become members? You break the law as soon as you compensate people for their vote. This is true even when you're not targeting it, or compensating people for voting a certain way. For instance, Starbucks got in trouble for offering a "show your 'I Voted' sticker, get a free cup of coffee" promotion a while back.
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Aug 29, 2015 23:45
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baquerd posted:Can I set up a private club that will pay members for proof of their votes in US national government elections? How about if I will pay differing amounts for different parties? That is, I want to pay $0.001 for proof of democratic votes, but $20 for proof of republican votes, and only allow specific people to become members? This gets taken pretty seriously. There was a guy in my state that offered to pay $20 for votes on craigslist, and even though the prosecution stipulated that he was just "trolling" and had no intent to actually carry out the scheme, he still went to prison.
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Aug 30, 2015 02:59
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AlbieQuirky posted:However, there is absolutely no "fair use" in the U.S. for quoting song lyrics, so you do need permissions for that. Fair use of a copyrighted work is codified as not a copyright infringement at 17 US 107, and there is no sort of "unless the copyrighted work is a song lyric then you're hosed" exception to the exception. https://www.law.cornell.edu/uscode/text/17/107
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Aug 30, 2015 03:04
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happy birthday to you
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Aug 30, 2015 03:46
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ulmont posted:Fair use of a copyrighted work is codified as not a copyright infringement at 17 US 107, and there is no sort of "unless the copyrighted work is a song lyric then you're hosed" exception to the exception. Sure, fair use is allowed, but in some areas almost nothing counts as fair use by the courts' opinion. Oh, you only sampled three notes? Get hosed.
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Aug 30, 2015 04:32
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AlbieQuirky posted:There is absolutely no issue with mentioning trademarked or copyrighted things in a work of fiction, as long as you don't imply endorsement or tarnish the image of the thing referenced. So unless the character wearing a Batman costume is Jeffrey Dahmer, you're good. Can you please elaborate on this? I'm not allowed to write a work of fiction in which my characters say good or bad things about a trademark?
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Aug 30, 2015 05:14
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