Quote:
|
Originally Posted by The_Jazz
Are Cynthetiq and I the authoritarians here? I'm genuinely curious.
|
More like ustwo. You can predict what he'll say before he says it.
Quote:
|
Originally Posted by The_Jazz
Actually, he's not in breach of contract as described above. He's performed the job. Unless you've written a performance clause into the contract, which won't be there if you signed his, you may not have any cause of action unless he damaged your property, etc.
|
If he contracted to paint all the rooms and he stopped after he heard you complaining, he'd be in breach. Plain and simple. No clause required. I say to him come paint all my rooms, he agrees, oral contract. If he stops at any time before completion (in most cases), he's in breach.
Quote:
|
Originally Posted by The_Jazz
While that's true, it still has nothing to do with First Amendment rights. It's contract law, pure and simple. It all depends on the situation. If AT&T asks to cancel their service to provide you with internet to access your website abouve, then I don't know which way the judge would lean. It would be interesting. If they want to cancel your phone service for that website, I see that as a separate issue and doubt the cancellation could necessarily be upheld.
|
I don't quite understand your example, but yes, it would probably be a case by case basis for ignoring the clause.
Quote:
|
Originally Posted by Cynthetiq
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.
|
I see your point but I don't think its impact is as wide as you claim. While they may refuse to do business with you in the future, or they may refuse to accept you as a customer for what you've done before contracting with the party, they can't breach currently existing duties. Unless your activities (badmouthing) amount to a breach on contract, the other party has no right to withhold performance.
And protected class has nothing to do with this situation. That's a Constitutional issue, not a contract issue.
Quote:
|
Originally Posted by Cynthetiq
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.
|
I don't agree with you at all here. You seem to have your terminology confused. To revoke a contract requires assent of both parties. It makes the contract as if it doesn't exist anymore. That's not what would be happening here.
You can, however, BREACH a contract easily and simply all the time. While a company may spell out the damages in an adhesion contract, these may be limited by the courts as punitive damages (only liquidated damages or contract damages are allowed in a contract case, this is why you sue your doctor in malpractice not breach of contract). The damages don't have to be spelled out in a contract. You can go to court without a damage clause.
So say they terminated my account, the court found them in breach, what would I be entitled to? Probably the cost to get another ISP and any cost incidental to loss of connectivity. Unless they knew about my special needs and still agreed to provide me service, then they may be liable for more (expectation dmgs).
Another thing I don't understand: why aren't conservatives more pissed off about this? This represents a fundamental breakdown in the attractive myths that customer service is of the utmost importance. Whatever happened to "the customer is always right?" Whatever happened to finding out what the customer's problems are and solving them? Hey I'm not saying the companies should bow down to outright fraud, but how about addressing legitimate customer concerns that have been offshored to some foreign company that doesn't have the power to do a damn thing to fix the problem.
For example: when I buy a Sprint Phone from Radioshack Wireless, I don't expect to have to call an Inphonic call center 3 times before they authorize shipping, 2 times to find out why they haven't delivered my phone when promised, then get bounced between Sprint, Radioshack, and Inphonic over a month to get my phone repaired, when they promise on several occasions to replace my phone then keep telling me they are out of stock. (It's still not here. The shipping ordeal lasted 3 weeks, the repair ordeal has lasted 5 weeks and counting).
It's hard to get my dollar to vote when I'm locked into a 2 year contract and my phone will only work with Sprint networks. Where's the service?