02-05-2020, 07:18 PM | #45 | |
Lieutenant Colonel
1717
Rep 1,899
Posts |
Quote:
|
|
Appreciate
0
|
02-06-2020, 01:20 AM | #46 | |
Brigadier General
4944
Rep 4,976
Posts |
Quote:
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
__________________
Wife's Car: 2020 X4M Competition, Alpine White on Black Alcantara and Biege
Current Car: 2018 F80 M3CS, SMB, DCT, ZEC, MPE Recently Departed: 2020 F87 M2C, LBB, ZEC, 6MT (Euro Delivery Aug. 29, 2019, totaled by an idiot in a Camry who then ran from the scene) Wife's Prior Car: 2018 F80 M3, Yas Marina Blue, DCT, Black 19s, Carbon Structure Anthracite Cloth/Leather Combination, Driving Assistance Package (Euro Delivery Oct. 9, 2017) |
|
Appreciate
0
|
02-06-2020, 12:30 PM | #47 | |
Major General
4207
Rep 5,728
Posts
Drives: 2019 M2 Competition
Join Date: Nov 2007
Location: Orange County, CA
|
Quote:
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. Last edited by infinitekidM2C; 02-06-2020 at 12:37 PM.. |
|
Appreciate
0
|
02-06-2020, 01:25 PM | #48 | ||
Brigadier General
4944
Rep 4,976
Posts |
Quote:
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: 2020 X4M Competition, Alpine White on Black Alcantara and Biege
Current Car: 2018 F80 M3CS, SMB, DCT, ZEC, MPE Recently Departed: 2020 F87 M2C, LBB, ZEC, 6MT (Euro Delivery Aug. 29, 2019, totaled by an idiot in a Camry who then ran from the scene) Wife's Prior Car: 2018 F80 M3, Yas Marina Blue, DCT, Black 19s, Carbon Structure Anthracite Cloth/Leather Combination, Driving Assistance Package (Euro Delivery Oct. 9, 2017) |
||
Appreciate
0
|
02-06-2020, 01:37 PM | #49 | |
Major General
4207
Rep 5,728
Posts
Drives: 2019 M2 Competition
Join Date: Nov 2007
Location: Orange County, CA
|
Quote:
I practice employment. Last edited by infinitekidM2C; 02-06-2020 at 01:48 PM.. |
|
Appreciate
1
Thescout134944.00 |
02-06-2020, 02:46 PM | #50 | ||
Brigadier General
4944
Rep 4,976
Posts |
Quote:
__________________
Wife's Car: 2020 X4M Competition, Alpine White on Black Alcantara and Biege
Current Car: 2018 F80 M3CS, SMB, DCT, ZEC, MPE Recently Departed: 2020 F87 M2C, LBB, ZEC, 6MT (Euro Delivery Aug. 29, 2019, totaled by an idiot in a Camry who then ran from the scene) Wife's Prior Car: 2018 F80 M3, Yas Marina Blue, DCT, Black 19s, Carbon Structure Anthracite Cloth/Leather Combination, Driving Assistance Package (Euro Delivery Oct. 9, 2017) |
||
Appreciate
1
infinitekidM2C4206.50 |
02-14-2020, 01:22 PM | #53 | |
Major General
5863
Rep 6,635
Posts |
Quote:
|
|
Appreciate
0
|
Post Reply |
Bookmarks |
|
|