View Single Post
      02-06-2020, 01:25 PM   #48
Thescout13
Brigadier General
Thescout13's Avatar
United_States
3014
Rep
4,149
Posts

Drives: '18 F80 M3, '20 F87 M2C
Join Date: Nov 2013
Location: California

iTrader: (0)

Quote:
Originally Posted by infinitekidM2C View Post
Quote:
Originally Posted by Thescout13 View Post
You can if you insert the right to unilaterally amend the agreement.

Do you really think Facebook hasn't changed it's terms/agreement with you at least 100 times in the past year? They have, and you agreed to let them do it when you first signed up (don't ask me how I know).

That being said, usually with material terms like warranties, courts have dealt with this type of scenario in four ways (all assume they reserved the right to unilaterally amend the terms):

1 - if a negotiated doc, new changes apply
2 - if non negotiated, only warranty requirements/obligations at the date of purchase are enforceable without both parties agreeing to the amendment
3 - if non negotiated, and warranty changes are extreme variations, whole agreement is thrown out
4 - if non negotiated, court holds that hey you were put on notice that they could change the terms at any time, you had an obligation to check on them periodically, thus it's your fault and the new changes apply

Which path the court takes depends on the context of the specific agreement and the applicable state law
I didn't get into the weeds, but this is a material term. A unilateral contract change of a material term isn't going to fly. For example, if you have this "unilateral contract change" term in the agreement as bolded above imagine if you say, ok we've decided to completely revamp the warranty so that if you drive over 5k rpm, the warranty is voided. No way that change is going to be enforced.

For websites and such, they usually have a notice of the term and then say "by continuing to use Facebook you agree to this change..." so that there is some form of consent.
I mean, I agree? You didn't say anything different than I just did.

I'm a transactional attorney by trade, so decently versed in this. The above was a simplification of what the mechanics and the law look like. At the end of the day, it depends on that state's case law, the judge, and the specific context.

So what you said is an argument you can use, but it's not black and white across all jurisdictions, that was my point.
__________________
Wife's Car: 2018 F80 M3, Yas Marina Blue, DCT, Black 19s, Carbon Structure Anthracite Cloth/Leather Combination, Driving Assistance Package (Euro Delivery Oct. 9, 2017)
Current Car: 2020 F87 M2C, LBB, ZEC, 6MT (Euro Delivery Aug. 29, 2019)