3 ms·

That’s correct. Am a lawyer, not giving legal advice. A very common term in contracts is what is called a merger clause, and what it says essentially is that

That’s correct. Am a lawyer, not giving legal advice. A very common term in contracts is what is called a merger clause, and what it says essentially is that the contract forms the entire agreement of the parties, and that any oral representations not contained in the contract are irrelevant and to be completely disregarded. But there are courts that hold that a merger clause is not absolute and has its limits. Make no mistake, contracts and their waivers are powerful. However, there are lots of court rulings where the courts have held that you can’t say X explicitly and have the contract say Y. In those situations, the courts will often enforce the X promise. But then you get into a practical issue here. If you were an effected individual, you’re going to have to hire a lawyer to make that argument, and even with $25,000 on the line, that’s probably not a situation where the math works out.

alisonkisk 5y ago
That's what class actions are for. The lawyer and the class representative get paid for their work to pursue the case.
Silhouette 5y ago
A very common term in contracts is what is called a merger clause, and what it says essentially is that the contract forms the entire agreement of the parties, and that any oral representations not contained in the contract are irrelevant and to be completely disregarded. But there are courts that hold that a merger clause is not absolute and has its limits. There are also places, like here in the UK, where statutory consumer rights law explicitly says that trying to hide behind those clauses doesn't stand up. You can't have a salesperson answer a consumer's questions about a product, and then when the consumer finds the product doesn't match the information they were given after buying it, argue that your Ts & Cs say anything the salesperson said before the purchase has no weight. Moreover, if you make a habit of trying, you're likely to attract not just action by the consumer themselves but also the attention of regulators who may be considerably more powerful than any individual consumer.

alisonkisk 5y ago

That's what class actions are for. The lawyer and the class representative get paid for their work to pursue the case.

Silhouette 5y ago

A very common term in contracts is what is called a merger clause, and what it says essentially is that the contract forms the entire agreement of the parties, and that any oral representations not contained in the contract are irrelevant and to be completely disregarded. But there are courts that hold that a merger clause is not absolute and has its limits. There are also places, like here in the UK, where statutory consumer rights law explicitly says that trying to hide behind those clauses doesn't stand up. You can't have a salesperson answer a consumer's questions about a product, and then when the consumer finds the product doesn't match the information they were given after buying it, argue that your Ts & Cs say anything the salesperson said before the purchase has no weight. Moreover, if you make a habit of trying, you're likely to attract not just action by the consumer themselves but also the attention of regulators who may be considerably more powerful than any individual consumer.