21

When I signed up over 5 years ago, I signed a contract agreeing to a specific service at a specific price and I was locked-in for 24 months, lest I be charged a penalty for early breach of contract As the original 24-month fixed term has expired long ago, the service provider is no longer obliged to provide the service at the original terms. They may ...


11

Dead people have to pay their debts just like everybody else It is one of the primary roles of the executor to make sure this happens. Dead people can dispute a debt just like everybody else Just because someone says you owe them money, that doesn't mean you owe them money. In fact, the onus of proving the debt lies with the person claiming the money. ...


8

It says it's an "MP4 player" but it doesn't play MP4s. This seems rather straightforward to me---assuming it really doesn't play any kind of MP4 at all. I would agree you could go back to the shop armed with the appropriate wording from the SoG Act and state your case to the manager. If the front desk staff are unhelpful don't argue with them but rather ask ...


7

On the (disturbing) contrary: There are legal arguments that Microsoft could be an accessory to crime if it does not preserve and make available to lawful government requests all data it can possibly access. See, for example, the use of Sarbanes-Oxley to convict people for clearing their browser history. This could be avoided if Microsoft had a policy of ...


7

It's hard to prove a negative, and I'm not sure which specific part of the quoted Terms you object, to, but it specifically states that content access may be done to: Comply with the law Protect its customers; and Protect the security of its business; and Protect its business interests. It's unlikely that access of information to comply with the law is ...


7

In theory, a store can ban you or anyone else for any reason except those protected by law against discrimination. As a practical matter, you potentially have various forms of recourse. The first thing to do is to write the the CEO of the chain, with a long detailed letter describing the incidents, and naming names. Most CEO's don't want to deal with this ...


6

I make a copy of any important receipt printed on thermal paper, since the terms of many sellers and manufacturers require receipts for disputes. But I'm not aware of any law that says they have to make it convenient to maintain a receipt or other proof of purchase. However, when a company makes their terms unclear, unexpected, or difficult to comply with ...


6

The written document is given very high priority, so parties will be held to what is in the document. Both parties sign at the bottom, as a way of signalling their agreement with the terms specified in the document. If conditions are added or subtracted (by crossing out), especially with pre-printed forms, the "customer" (person who didn't write the contract)...


6

You can sue your cat. The proper question is "Do I have an actionable claim?" Use your state's consumer protection laws: Namely, send certified return receipt letter to the collection company disputing the debt. Then, if the collection company does ANYTHING (calls you, sends a letter) after your proper notice of dispute of the alleged debt, then each act ...


6

There are three answers here. First, as is common on this site, you are using the term, "legal" and "illegal." Those are not legally meaningfully terms. A good lawyer won't use those terms to mean allowed or disallowed. We talk in terms of potential civil or criminal liability, or other sanctions and consequences. To say that something is "legal" does ...


6

In general, a private seller of second hand goods makes no warranty as to their merchantability or fitness for purpose: the onus is the buyer to find any faults. However, if the seller has taken active steps to conceal the fault for the purposes of the sale then they are responsible. For example the courts have held that a boat placed deliberately on the ...


6

Airlines do not sell the same ticket to multiple people: each person gets their own ticket (you can verify that by looking at the ticket number, which is unique). They do sell more tickets than can be accommodated by particular airplane. In so doing, no material false claim is made. Consumers may have wrong ideas about what buying a ticket means, but ...


6

As a general rule, airlines to have a contract that permits them to overbook flights and when more passengers show up than they have seats for, to bump some passengers subject to some rather elaborate protocols and compensation schemes. This doesn't, however, end the inquiry. There are several ways that there could be fraud or other liability not arising ...


6

I can't see any law that would make this illegal. If you don't like it, you can either pay the upgrade, or not fly Ryanair.


6

Modern websites use large amounts of Javascript scripts. These are small programs that are run on your machine. By accessing the website you implicitly give permission for this to occur. (Aside: I'm not aware of any case law on exactly what this implicit authorisation covers. CFAA case law on "authorised access" suggests that this is going to be complicated ...


5

At least in theory an end user could be sued for infringing on a patent, especially a method claim. Given the cost of a patent lawsuit, this strikes me as extremely unlikely to happen though, unless the user in question were an extremely large company, or something on that order. Theoretically, the only difference between open-source software and ...


5

By selling you an MP4 player that doesn't play MP4 files, it sounds like Argos have breached the Sale of Goods act, particularly section 14, which states: (2) Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality. (2A) For the purposes of this Act, ...


5

Under the law of common law contracts, posting a price is an invitation to treat and is not binding. However, in many jurisdictions, there may be (probably is) statutory consumer protection law that make this practice illegal. Whether this means the business must honor the price or merely makes them liable to prosecution and fines depends on the specific ...


5

Under an assured shorthold tenancy, when the fixed term expires, it automatically becomes a periodic tenancy (also called a rolling or month-to-month tenancy) if no other action is taken. For periodic tenancies, the default requirement is: The notice you give must end on the first or last day of the period of a tenancy, except when your tenancy agreement ...


5

You mean like Unilever, and countless others do? Yes. Many, many companies control a stable of brands, often of competing products. This is particularly prevalent in grocery lines (cleaning, food, beauty products) and motor vehicles (there are dozens of brands of motor vehicle but only a handful of automotive companies). Clearly, these products have ...


5

"I contacted LG directly over the phone eight days ago, bypassing the retailer because I assumed they were off the hook after two years and ten months, and it should be the manufacturer assuming responsibility." Nope. In the EU (and Britain still is), the retailer is the only party with a legal warranty duty (at least 2 years, national law may deviate to ...


5

It's the seller's responsibility. Note that in the UK you actually get much more than 2 years. The 2 year rule is the minimum required by the EU, but each country is free to implement that as they choose and the UK has much more. In the UK you are protected by the Consumer Rights Act. It states that products must last a "reasonable length of time". What ...


5

Your first course of action should probably be to return to the store, explained what happened, and ask either for another jar of peas or for your money back. Bring your receipt and the jar of peas with the moth in it. If the store refuses to refund your money or replace the jar of peas, you might try approaching the manufacturer. In my experience, ...


4

No, selling a car "as-is" is not a valid reason for not having a smog certificate. According to the DMV here, the smog certificate must have been done within 90 days of the sale. The exceptions are: The transfer occurs between a spouse, domestic partner, sibling, child, parent, grandparent, or grandchild. A biennial smog certification was submitted to DMV ...


4

Rule 7.45(4)(c) of the Railroad Commission rules allows disconnection of gas service for non-payment, stipulating that ...Proper notice consists of a deposit in the United States mail, postage prepaid, or hand delivery to the customer at least five working days prior to the stated date of disconnection, with the words "Termination Notice" or similar ...


4

If you are in the habit of paying people just because they ask you to, then I say you owe me $500 - if you want to pay I'll send you my wire transfer details. This is a facetious way of making a very simple point: You don't owe people money just because they say you do. If someone claims to be owed money by you, the legal onus is for them to prove both ...


4

The answer would vary considerably. Consumer protection laws in some jurisdictions would find such a scheme to be an actionable deceptive trade practice, while consumer protection laws in other jurisdictions would find that it was not an actionable deceptive trade practice. One of the trickier points is quantifying the injury. How are you harmed if you buy ...


4

Process And Cultural Considerations He is in prison because he pleaded guilty to the crimes he was charged with by the prosector. So, there was no trial at which evidence contesting the charges was analyzed and compared to the relevant legal standard. As the linked story reports: In court, the 33-year-old conman pleaded guilty to 12 charges of cheating ...


4

This is actually pretty standard. You have a contract with a business to provide some service, and you get a bargain on the price of the service as long as you stay with them for some period, such as 2 years. You could get the 'pay as you go' option which doesn't have a termination fee, but that costs more if you are sure you can commit to what you signed up ...


4

A store owner may ban any person from that store that s/he chooses, provided that the ban is not for a reason forbidden by applicable anti-discrimination law, such as banning all people of a particular race or religion. That does not appear to be the case in this situation, from the description. Since this is a franchise, the store has a local owner who is ...


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