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Swindinia (Ziyaretçi)
17.09.2011 02:48 (UTC)[alıntı yap]
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ygUcKqkuo (Ziyaretçi)
09.07.2015 18:57 (UTC)[alıntı yap]
Ely, Interesting video though there are some thngis that you might want to consider First and foremost, I am uncertain if you are able to give legal advice (contract and statutory interpretation).Interpreting that Verizon contract can be tricky, especially when you emphasize the conditions that you read. Next, it is important to know if these are conditions precedent, conditions subsequent, or conditions concurrent. (Knowing which type will determine what party is in breach thus establishing their rights, responsibilities and remedies).Next, it is important to remember that cell phone contracts are contracts of adhesion - there is no real bargaining power between the parties. As such, there are several legal claims that an individual can make.The first, and least effective is that there is no mutuality of obligation between the carrier (verizon) and the subscriber. Thus if an individual wants to cancel the K, he is supposed to pay the ETF, but if the carrier wants to cancel early, are they obligated to pay the subscriber a fee? (Probably not). If this is the case, this may be a theory to show that the contract is somewhat unconscionable (substantive and procedurally).Additionally, ETF's can be interpreted as being penalty clauses. Courts are reluctant to enforce a liqudated damages clause if it is seen as a penalty unless the damages were difficult to calculate from the time of contracting, and the fee's are reasonable. In the given circumstance, if the cell phone providers wanted to write an enforceable liquidated damages fee into their contracts, they would just have to come up with a simple formula. (Note: The effects of this might actually hurt the consumer more.)You loosely refer to the term materially alter. Traditionally, that term has been looked at by courts to determine that if the prices were (at the time of contracting) what they are now, would this party have entered into the agreement (subjective), or, would a reasonable party still have entered into this agreement (objective). The modern trend is to follow the objective test. Increasing the rates by 1 or 2 cents is not likely to materially alter or burden the party in light of how this term has been interpreted by the courts. And while verizon can't tell you what does and does not materially alter - the courts can.My advice, if the contract says that using the service after getting a written notice, is a waiver of your right to cancel, stop using the service after you get your written notice. It's that easy. NO ETF, NO PROBLEM.Remember, you cannot have you cake and eat it too.

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