"nermal" (nermal)
05/22/2018 at 17:04 • Filed to: Lawyer up, Read before you sign
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"nermal" (nermal)
05/22/2018 at 17:04 • Filed to: Lawyer up, Read before you sign | 1
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There have been several news stories making headlines recently involving the legality and enforceability of signed contracts. These range from contracts between professional ‘rasslers and automakers, to contracts between prominent political figures and adult film actresses. What factors can make one void?
MonkeePuzzle
> nermal
05/22/2018 at 17:17 |
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if you signed it, but didnt check the “I am not a robot” box
CarsofFortLangley - Oppo Forever
> nermal
05/22/2018 at 17:21 |
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In Canada: If it was signed under duress (like someone had a gun to your head), if you were drunk/otherwise impaired (includes manic episodes and things of that nature), if you signed it with a minor.
If only EssExTee could be so grossly incandescent
> nermal
05/22/2018 at 17:22 |
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If the contract contains clauses that violate laws I would imaging the contract is immediately void.
HammerheadFistpunch
> nermal
05/22/2018 at 17:22 |
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This question might be akin to “what goes wrong when cars break?”
My citroen won't start
> nermal
05/22/2018 at 17:26 |
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In most countries, if clauses are considered abusive or violate laws, if the contract was signed under duress or coercion, if the contract was not signed in sane mind, if the object of the contract is illegal, etc
In the US, if it offends someones christian faith or lacks cheese on top.
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CarsofFortLangley - Oppo Forever
> If only EssExTee could be so grossly incandescent
05/22/2018 at 17:30 |
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Yeah, forgot to mention that in my post. You can’t sign a contract promising to deliver 10kg of cocaine.
Future next gen S2000 owner
> nermal
05/22/2018 at 17:30 |
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Signed under duress is one.
His Stigness
> HammerheadFistpunch
05/22/2018 at 17:36 |
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Exactly.
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His Stigness
> CarsofFortLangley - Oppo Forever
05/22/2018 at 17:38 |
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Well you can, it’s just that a court won’t enforce the contract.
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His Stigness
> CarsofFortLangley - Oppo Forever
05/22/2018 at 17:39 |
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I should go be a lawyer in Canada since I’m sure everything there is also based off Common Law.
Will you guys take me?
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nermal
> My citroen won't start
05/22/2018 at 17:48 |
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Can you substitute gravy or chili for cheese in certain areas of the US?
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CarsofFortLangley - Oppo Forever
> His Stigness
05/22/2018 at 17:50 |
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Yes and no. Quebec is codified law. They have a completely different legal system.
Come on up!
Sampsonite24-Earth's Least Likeliest Hero
> CarsofFortLangley - Oppo Forever
05/22/2018 at 17:56 |
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Suck it, Qubec!
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nermal
> HammerheadFistpunch
05/22/2018 at 17:59 |
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That’s easy to answer the most common errors, such as either you didn’t change the oil, or you bought an FCA product.
Same thing here, looking for more generalities.
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CarsofFortLangley - Oppo Forever
> Sampsonite24-Earth's Least Likeliest Hero
05/22/2018 at 17:59 |
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“Quebec, fucking with the rest of Canada since 1867"
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Sampsonite24-Earth's Least Likeliest Hero
> CarsofFortLangley - Oppo Forever
05/22/2018 at 18:02 |
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my favorite facebook game is commenting “suck it, qubec” on any post that has news of the nordiquies coming back looking less and less like reality and watch the frenchies lose their minds cause its never gonna happen
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If only EssExTee could be so grossly incandescent
> CarsofFortLangley - Oppo Forever
05/22/2018 at 18:05 |
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I was thinking more a contract that requires labor laws, like one that forfeits overtime pay or requires you to work more hours than the law allows.
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My citroen won't start
> nermal
05/22/2018 at 18:05 |
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Only if the parts are in agreement and the gravy or chili are store-bought, some parts of California also accept Kale, but Mr Sessions is going to put an end to that blasphemous behavior.
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His Stigness
> CarsofFortLangley - Oppo Forever
05/22/2018 at 18:10 |
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Well generally everything is codified, but it’s usually from Common Law.
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CarsofFortLangley - Oppo Forever
> His Stigness
05/22/2018 at 18:12 |
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No, codified means it isn’t based on case law. It’s a Civil Code.
https://en.wikipedia.org/wiki/Quebec_law
Highlander-Datsuns are Forever
> nermal
05/22/2018 at 18:24 |
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Nobody signed those Ford GT contracts under dressed nor are they necessarily illegal. Think of it like buying a home in an HOA, there are strings attached.
ITA97, now with more Jag @ opposite-lock.com
> nermal
05/22/2018 at 18:24 |
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Beyond the standard answers of duress, fraud, violation of statues, ect..., the real answer is when abiding by and/or enforcing the contract isn’t worthwhile for one or more parties.
haveacarortwoorthree2
> nermal
05/22/2018 at 18:28 |
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Could be any number of things. If you really want to know more, there are plenty of articles. Or contracts usually is one of your classes during the first semester of law school!
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His Stigness
> CarsofFortLangley - Oppo Forever
05/22/2018 at 18:48 |
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I know case law is generally called bench law here. Actually we probably call it case law more.
But in the US we have case law, statutory law, and Common Law, aka old British Laws.
BaconSandwich is tasty.
> CarsofFortLangley - Oppo Forever
05/22/2018 at 19:49 |
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I guess you could say we won on the plains of Abraham, but we lost everything since then. :P
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BaconSandwich is tasty.
> If only EssExTee could be so grossly incandescent
05/22/2018 at 19:50 |
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I’m pretty sure our current employment contracts are in a legal gray area because of stuff like that. We’ve had people refuse to sign them after verbally accepting an offer.
Management sometimes just doesn’t learn.
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If only EssExTee could be so grossly incandescent
> If only EssExTee could be so grossly incandescent
05/22/2018 at 19:54 |
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*violates labor laws
Jayvincent
> nermal
05/22/2018 at 20:32 |
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well, if the glove doesn’t fit...
RPM esq.
> His Stigness
05/23/2018 at 13:54 |
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Canada has the same thing as the U.S.: codified statutes and law made by judges (AKA case law, bench law, or common law). In practice, “common law” isn’t a third type—it’s not like you will ever actually cite old British cases after your first year of law school—it’s just useful to know that a lot of the doctrines underlying the statutes and cases come from there originally. But there is a third type of law that turns out to be really important in practice: regulatory/administrative law, which is codified but doesn’t apply the same way statutes do.
/end civil procedure lecture
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RPM esq.
> If only EssExTee could be so grossly incandescent
05/23/2018 at 13:55 |
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You’d think that, but increasingly courts will cheerfully allow you to sign away the protections of labor laws.
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RPM esq.
> nermal
05/23/2018 at 13:59 |
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There’s a difference between making a contract void or voidable, and making it unenforceable. But since the question conflates the two, so will I. Off the top of my head, you can get out of a contract due to duress, mutual mistake, minority (as in being under 18), unconscionability (that is, a contract so unfair no rational person would sign it if they understood its terms), or illegality (a contract to do something illegal is not enforceable). Different jurisdictions also make certain provisions in contracts illegal, or at least disfavored. Nothing about Cena’s purchase contract with the dealer comes anywhere near those things. His argument basically has to be that the allocation agreement with Ford—or rather, the alienation provision—is unconscionable or illegal, or both.
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His Stigness
> RPM esq.
05/23/2018 at 16:10 |
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Since I haven’t had civil procedure yet do I get a pass for being dumb?
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RPM esq.
> His Stigness
05/23/2018 at 16:40 |
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Not dumb at all. You definitely get a pass based on not having actually practiced law yet.