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everdrivetoday at 3:28 PM5 repliesview on HN

Lawyers are playing Calvinball again. I have no idea why the law finds this kind of argumentation compelling. "I clearly intentionally deceived, but I stashed some bullshit legalese into a document no one will read so my deception is completely OK."


Replies

BrandoElFollitotoday at 6:14 PM

Some 20 years ago there was a story about a guy who was opening a bank account. The bank sent the contract, the guy ameneded it with things like "you will give le unlimited credit that I do not need to repay" (if my memory serves me right).

He signed, sent both copies, got his bank signed copy back

Went yo the bank, the bank sued him, he won (the judge told the bank that when you play dirty games you sometimes loose) and they ultimately settled.

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torginustoday at 3:33 PM

My two cents is that if it didn't, 'I didn't know that was illegal/breach of contract' would be a valid legal defense.

Although intentionally saying things that contradict whats in the contract might be legally objectionable.

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Veservtoday at 7:53 PM

I have frequently proposed a objective legal standard for false advertising that handles that: "Technically, your honor". If somebody says that in court, they lose.

The words they used, as commonly understood by the target audience, were intentionally crafted to be interpreted differently than what they were going to say they meant in court. They spent time, effort, and money, ran focus groups, and carefully selected and curated their words to be incorrectly interpreted by the target audience to reach knowingly false conclusions.

The correct standard should be that they spent time, effort, and money, ran focus groups, and carefully selected and curated their words to be correctly interpreted by the target audience to reach true conclusions. Their statements should only be accidentally incorrect in proportion to the time and effort spent crafting and distributing them.

"Technically, your honor", should be treated as the ethical abomination it is.

ThrowawayR2today at 3:36 PM

"Our software developers clearly were negligent, but we stashed some bullshit legalese saying 'No warranty express or implied' into a document no one will read so our bug-infested software is completely OK."

People in glass houses shouldn't throw stones.