8
votes
Accepted
What is the purpose of a settlement agreement including a clause that it was signed, "voluntarily and without any duress whatsoever?"
Recitals in contracts are prima facie evidence that the facts recited in them are true. This could be relevant if trying to secure a default judgment, or if the party who signed the document is no ...
4
votes
Legality of charging customer service for one’s time spent dealing with them
He already has a contract with the company
It’s unlikely that will require the company to pay him for time spent dealing with them but, if it does, then it would set a rate for this. All the contracts ...
3
votes
Accepted
Legality of charging customer service for one’s time spent dealing with them
I think the courts might be loath to accept the logic here.
The starting point is that courts expect each side to allow a reasonable amount of time and effort for communicating about a dispute or ...
2
votes
What is the purpose of a settlement agreement including a clause that it was signed, "voluntarily and without any duress whatsoever?"
The only thing I can think of is that it can be used to void the settlement agreement by allowing the signatory to later state that it was signed involuntarily and under duress.
If there was duress, ...
1
vote
Legality of charging customer service for one’s time spent dealing with them
You ask whether an agent of a corporation (e.g. a customer service representative) can accept on behalf of the corporation a contract offered to them that would have the corporation pay the offeror a ...
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