• Jackcooper@lemmy.world
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    11 months ago

    So these things keep appearing in contracts but everyone seems to say they’re totally unenforceable so… Why do they keep appearing in contracts?

    • OldWoodFrame@lemm.ee
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      11 months ago

      If it’s not illegal to add, the only risk is bad press coverage, and it might prevent someone from suing in the first place because they don’t know their rights.

      • Djtecha@lemm.ee
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        11 months ago

        Except in several states if any of the contract is invalid it all is.

        • NateNate60@lemmy.world
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          11 months ago

          In the United States where TikTok is based, contracts can include “severability clauses” that state that in the event any part of the contract is deemed unenforceable, the other parts are still good

            • ABCDE@lemmy.world
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              11 months ago

              Wasn’t there a big hoohar about that a couple of years ago which meant they had to move?

              • ColorcodedResistor@lemm.ee
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                11 months ago

                Corporate:‘I’m sorry you were looking for an issue with tik tok. the problem is. tik tok is not the issue.’

                due to dividends untold tik tok just money guns politicians in the cooter till they spazzin…

                  • ColorcodedResistor@lemm.ee
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                    11 months ago

                    Wasn’t there a big hoohar about that a couple of years ago which meant they had to move?

                    My Comment In gest " we investigated ourselves and found there to be nothing wrong, also we gave money to policy makers."

                    did you forget what you typed above? was my comment so far left field?

        • lhx@lemmy.world
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          11 months ago

          That’s not a common thing in American contracts. Severability clauses take care of that.

        • ripcord@kbin.social
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          11 months ago

          Is that true? I can’t find any source for it, except very specific cases where the language and contents of the contract matter.

          • jeansburger@lemmy.world
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            11 months ago

            IANAL; However Usually the contracts have a severability clause, meaning even if some parts of that contract are null and void the rest of it stands minus the parts that are illegal. Does that mean those clauses are also null and void depending on locality? Again IANAL, but I believe it’s pretty settled contract law at least in the US.

      • NateNate60@lemmy.world
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        11 months ago

        We need legislation to fix this. Something like “should a contract drafted by a lawyer include clauses that they knew or should have known to be unenforceable or void, the entire contract shall be unenforceable by the drafting party”

    • toned_chupacabra@lemm.ee
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      11 months ago

      Because sooner or later, some judge will decide it is enforceable.

      Plus it serves as a deterrent for some from even filing a suit with the risk of it getting thrown out and them out thousands of dollars in legal fees.

    • ColorcodedResistor@lemm.ee
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      11 months ago

      to cover their asses. It’s like seizure warnings on video games. it should go without saying but. sadly…it has to be said. if a case does arise, judges usually create a ‘quasi’ contract that’s usually modified to be fairer for both parties…usually…😬