4 ms·

I'm curious if this is a legally binding promise in any major jurisdiction. E.g., can someone on the U.S. sue Google for specific performance to uphold that pr

I'm curious if this is a legally binding promise in any major jurisdiction. E.g., can someone on the U.S. sue Google for specific performance to uphold that promise? I'm not talking about suing for monetary compensation, or accepting an out-of-court settlement. I'm talking, full-strength, possibly precedence-setting, fulfillment of that promise in federal court? I would so contribute to a legal fund for that, especially with the stipulation that my money must be returned if an out-of-court settlement were reached.

mjh2539 4y ago
Suing for specific performance is mostly a thing of the past; it sometimes happens in regard to real estate transactions. It was quite common in the pre-modern era. Think runaway apprentices, indentured servitude, etc.
- CoastalCoder 4y ago
  Is it simply out of fashion, or has the law changed? IANAL, but my understanding is that specific performance requires: - a court that's permitted to use specific performance as a remedy, and - there's no monetary award that makes the plaintiff whole. If I'm right, then I'd think that this issue with Google meets those criteria.
  - toast0 4y ago
    > - there's no monetary award that makes the plaintiff whole. > If I'm right, then I'd think that this issue with Google meets those criteria. Wouldn't returning the purchase money or reversing the purchase of the phone make the plaintiff whole? Perhaps a competitor could complain that the unfulfilled promise was anti-competitive and disrupted their sales, but they could be made whole by money damages.
cptcobalt 4y ago
(IANAL) I wonder if there's a truth in advertising case here. Titan M is a security product, and is not meeting one of its promised security statements: > With the Pixel 3, we’ve increased our investment in security and put industry-leading hardware features into the device, so you can rest assured that your security and privacy are well protected. In the coming months, the security community will be able to audit Titan through its open-source firmware. In the meantime, you can test out Titan M and all of the smarts Pixel 3 brings, when it goes on sale on Thursday, October 18 in the U.S. I can see a world where consumers/etc have purchased Pixel 3 specifically for that statement. https://www.ftc.gov/news-events/topics/truth-advertising https://www.ftc.gov/news-events/topics/truth-advertising
- londons_explore 4y ago
  'months' could mean a million months... Also, Google could just offer a refund for the one customer who started the lawsuit.

mjh2539 4y ago

Suing for specific performance is mostly a thing of the past; it sometimes happens in regard to real estate transactions. It was quite common in the pre-modern era. Think runaway apprentices, indentured servitude, etc.

CoastalCoder 4y ago
Is it simply out of fashion, or has the law changed? IANAL, but my understanding is that specific performance requires: - a court that's permitted to use specific performance as a remedy, and - there's no monetary award that makes the plaintiff whole. If I'm right, then I'd think that this issue with Google meets those criteria.
- toast0 4y ago
  > - there's no monetary award that makes the plaintiff whole. > If I'm right, then I'd think that this issue with Google meets those criteria. Wouldn't returning the purchase money or reversing the purchase of the phone make the plaintiff whole? Perhaps a competitor could complain that the unfulfilled promise was anti-competitive and disrupted their sales, but they could be made whole by money damages.

cptcobalt 4y ago

(IANAL) I wonder if there's a truth in advertising case here. Titan M is a security product, and is not meeting one of its promised security statements: > With the Pixel 3, we’ve increased our investment in security and put industry-leading hardware features into the device, so you can rest assured that your security and privacy are well protected. In the coming months, the security community will be able to audit Titan through its open-source firmware. In the meantime, you can test out Titan M and all of the smarts Pixel 3 brings, when it goes on sale on Thursday, October 18 in the U.S. I can see a world where consumers/etc have purchased Pixel 3 specifically for that statement. https://www.ftc.gov/news-events/topics/truth-advertising https://www.ftc.gov/news-events/topics/truth-advertising

londons_explore 4y ago
'months' could mean a million months... Also, Google could just offer a refund for the one customer who started the lawsuit.