|
|
|
|
|
|
by gubby
1374 days ago
|
|
|
Very often with contract law there is mostly no such thing as 'knowing a claim is not legally valid'. A lot of contract law is established by precedent, meaning in those cases nobody including the judge knew the enforceability of the issue before the judgement was written. Cases are also rarely identical examples of previous cases, meaning there can be an element of precedent setting even in cases that seem routine. |
|
|
I don't think it should be illegal to have unenforceable clauses. Just ones that are known to be unenforceable. For example look at your average ISP out TV provider contract and there are a handful of these designed to prey on the public that doesn't know better.
It would definitely be difficult and messy to enforce, quite likely to messy to be feasible, but I would like to see some rule like this passed.