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Main Paineframe posted:I'm pretty sure that's not how the law works. The fact that he died is tragic but there's no magic legal principle when you die that annulls all unfavorable contract conditions you previously agreed to. There are certainly limits to how unbalanced a contract can be or how ridiculous the terms are before a judge can find parts of or the whole contract unenforceable. As an aside, this is what makes discussing issues of law completely obnoxious. Yes, on it's face death, in and of itself does not annul a contract. But couldn't you for a second consider that there might be other reasons why this contract may not be enforceable that are related to the fact that this individual is dead?
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Nov 12, 2015 21:21
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Main Paineframe posted:Like what? Arbitration clauses do not, by themselves, render contracts unenforceable. Certain particularly unbalanced arbitration clauses may do so, but there's nothing to suggest that this is one of them. Likewise, being offered a contract by a court as an alternative to jail time does not render the contract unenforceable. Negligence does not automatically render contracts unenforceable, and neither does death. You keep talking about "death doesn't automatically render a contract unenforceable" (the rest I never brought up) but the person you were responding to wasn't presuming that death renders contracts unenforceable nor were they talking about death but rather the conditions surrounding death - specifically asking if there was gross negligence. We see this all the time with all sorts of activities that require the signing of waivers which then become absolutely useless when it comes out that someone hosed up in a terrible way and it lead to a major injury or death. quote:If you think there was something in there that made the contract unenforceable, then say it, instead of criticizing my response to someone else for not addressing questions they never raised. The person I responded to only asked about death and negligence, which is why I only responded to those. I'm more than happy to clarify anything I'm being unclear. I'm not a lawyer, but I do get tired of the lawyer types who stop all forms of discussion on a particular issue because the wrong magic word was used rather than be willing to point out, "X doesn't work, but here are these related concepts that make more sense". Instead, you just ended it at "death doesn't automatically nullify contracts".
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Nov 12, 2015 22:22
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