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Tilted Cat Head
Administrator
Location: Manhattan, NY
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Originally Posted by DumberThanPaint
So we've got the authoritarians who scream loudly that corporations have every right whatsoever because they are only doing what an ordinary person would do. Of course, they blithely ignore the fact that a) this isn't a person we're dealing with and b) contract law doesn't quite work that way.
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Really? You don't know that coprorations have almost all the same abilities and rights as a human being?
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Originally Posted by smallbusiness.com
The law typically views a corporation as a fictional person, a legal person, or a moral person (as opposed to a natural person); United States law recognises this as corporate personhood. Under such a doctrine, a corporation enjoys many of the rights and obligations of individual citizens, such as the ability to own property, sign binding contracts, pay taxes, have certain constitutional rights, and otherwise participate in society. (Note that corporations do not possess all the rights appertaining to individuals: in most jurisdictions, for example, a corporation cannot vote.)
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Originally Posted by DumberThanPaint
Then we've got the libertarians who believe anything that chips away at their precious liberties is unconstitutional. Of course, this matter does not involve State action nor does it involve any of the 13th amendment violations that can nail private citizens.
What we've got here is a contract issue plain and simple. In a day to day contract, say I hire a contractor to paint my rooms. He does a shitty job on one of them. I say directly in his face or make a web page saying "contractor did a shitty job painting my room." Can he refuse to perform? Sure, but then he's in breach of contract.
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Did versus Doing. I don't think you know the difference. You could easily post a page that stated he's DOING a crappy job, or DID a crappy job.
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Originally Posted by DumberThanPaint
So we've got a slick, multibillion dollar corporation that's wised up to the fact people like to complain about crappy service. So they stick a clause into the contract, called an "adhesion contract", because by its very nature its terms are not bargained for. You sign it or reject it, no ifs ands or buts. So I post a website "ATTreallysucks.com" and they cancel my service. Are they in breach too? Dunno. But the judge is going to look very carefully at that clause and determine (using special scrutiny) whether the term would be outside of the reasonable expectations of the purchaser.
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Seriously... No Shoes, No Shirt, No Service. Managment reserves the right to refuse service. Seems pretty simple if it isn't about being a protected class, and even then, it's not that easy since one has to PROVE they were discriminated against as a protected class.
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Originally Posted by FoxNews.com
Sprint Nextel Corp (S), which recently launched an advertising campaign to attract new customers, is disconnecting more than 1,000 subscribers for calling its customer service lines too often and making what the company called unreasonable requests. |
So you mean to say that contracts can't be revoke ever? Of course they can, easily and simply ALL the time. You just have to look at what the clauses and penalties are for terminating the contract.
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