4 ms·
We do have what we call "fraudulent misrepresentation" in the US. It could give me grounds to seek damages or invalidation of certain misrepresented provisions,
by humanistbot 4y ago
We do have what we call "fraudulent misrepresentation" in the US. It could give me grounds to seek damages or invalidation of certain misrepresented provisions, but doesn't automatically make the contract meaningless over here. The two problems are specificity and proof, both of which require more consent from the receptionist than they are probably willing to go along with.
It would be fraud to misrepresent a material fact at time of signing, such as the quality of goods or, say, if a loan officer says that interest is fixed-rate, when the contract says it is variable-rate. But for my case, what does "standard legal stuff" actually mean? I'd argue it is actually pretty standard for a Bay Area tech company. What does "don't worry about it" actually mean? If I asked the receptionist to explain more or "does this include a non-disparagement agreement?", I doubt they would have said anything.
For proof, I was in California, which is a two party consent jurisdiction for recording. So I could have pulled out my phone and said "I'd like your permission to record what you just told me about the contract. Can you please state your name, position at Company X, and what you just told me about it being all standard legal stuff?" If I was that receptionist, I'd probably call security.