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_Knowingly_ including unenforceable clauses. I think the issue's with differing laws is more or less covered by "knowingly". A small company that gets a contr
by nucleardog 2y ago
_Knowingly_ including unenforceable clauses.
I think the issue's with differing laws is more or less covered by "knowingly".
A small company that gets a contract drafted up and uses it in a neighbouring state or something wouldn't really qualify as doing it "knowingly" by any reasonable sense of the word.
A company the size of TicketMaster who has undoubtedly already had lawyers from or familiar with multiple regions review and modify their contracts can damn well be considered "knowingly" doing this. And if they _didn't_ have any other lawyers look at it, well, I think we could call that willful ignorance ("negligence") and apply it anyway.
This really isn't far off of established law, either (at least to my layman understanding). This is more or less how most criminal laws work already. You have to have some sort of intent to commit the crime. Intent can be fulfilled by negligence/etc as well. (You didn't _try_ and do this, but you didn't take the level of care that would be expected so it was a foreseeable outcome of your actions and we're taking that as good as intent.)
- SoftTalker 2y ago> A company the size of TicketMaster who has undoubtedly already had lawyers from or familiar with multiple regions review and modify their contracts can damn well be considered "knowingly" doing this. Known or should have known is usually how this is phrased.
- lesuorac 2y agoCould also just deny severability for contracts of large companies. That's the only reason why unenforceable terms are included since their inclusion no longer voids the rest of the terms.