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43 votes
Accepted

Can I viably sue for damages caused by bugs in freeware?

No, you can't The last paragraph of the MIT License explicitly says the author is not responsible for damages (emphasis mine): THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,...
sevensevens's user avatar
  • 1,525
27 votes

Can I viably sue for damages caused by bugs in freeware?

In addition to the argument that that particular license contains a disclaimer of liability as a condition of the license grant, you have no privity with the author. The license binds your use of the ...
David Browne - Microsoft's user avatar
15 votes
Accepted

Somebody's mother was scammed by a car dealer. What laws might apply?

Misrepresentation At common law, if you are induced to enter a contract by a material misrepresentation then you can rescind the contract and/or sue for damages. The person concerned would have to ...
Dale M's user avatar
  • 213k
5 votes
Accepted

What is the definition of "retail" or "at retail" for the purposes of the Song-Beverly Consumer Warranty Act?

The acts in question don't distinguish between online and in person sales. Both are retail sales. A retail sale is a sale for use rather than a wholesale sale for resale. Wholesale sales are exempt ...
ohwilleke's user avatar
  • 220k
5 votes

Can service on a potential civil suit defendant be performed directly even if their agent has demanded otherwise?

Not only can it, it must be The statute is very clear that if it is not served on the manufacturer, the manufacturer has no liability. The “may” in the clause gives discretion to the consumer on if ...
Dale M's user avatar
  • 213k
5 votes
Accepted

Can service on a potential civil suit defendant be performed directly even if their agent has demanded otherwise?

Bob personally has no duty to honor Attorney's demands of non-contact. Bob is permitted to serve Manufacturer directly, or he may request that Attorney waive service on Manufacturer's behalf.
bdb484's user avatar
  • 60.6k
4 votes

Can service on a potential civil suit defendant be performed directly even if their agent has demanded otherwise?

An attorney for someone may insist that attorneys for other people not contact his client, as a matter of attorney ethics. The attorney does not have a right to insist that the clients themselves (if ...
ohwilleke's user avatar
  • 220k
4 votes

Somebody's mother was scammed by a car dealer. What laws might apply?

THIS IS NOT LEGAL ADVICE, I AM NOT A LAWYER, DO NOT IMITATE MY HYPOTHETICAL RESPONSE TO THE HYPOTHETICAL SCENARIO UNDER ANY CIRCUMSTANCES. If the seller or auto dealer does not have any permanent ...
kisspuska's user avatar
  • 3,924
3 votes
Accepted

Could Bob get gagged by a court on its own initiative? Is there any support for that in law?

As I read the hypothetical facts in the linked question Bob has not filed a suit against Big Co, because no law firm is willing and able to handle such a suit (which I find unlikely). BigCo has not ...
David Siegel's user avatar
3 votes
Accepted

Can consumer Bob be gagged about a suit against Big Co. revealing major antitrust and policy-driven fraud causing widespread public safety issues?

I am not aware of any cases with a fact pattern at all like this in which there has been an injunction against an individual publicizing accusations against a company. In each of the cases Bosley ...
David Siegel's user avatar
3 votes
Accepted

Is a written promise relating to the “workmanship” of software and hardware components create an express warranty under Magnusson-Moss or U.C.C.?

A U.S. auto manufacturer promises in writing that its vehicles will, for the life of their vehicles, receive free hydrogen at its charging stations. . . . The written promise was related to the ...
ohwilleke's user avatar
  • 220k
3 votes
Accepted

Is there any cognizable harm that I could sue phone manufacturer, Pear, Inc. for?

You almost certainly can't (successfully) sue Apple because the license agreement that is part of the product you purchased almost surely gives it permission to do so. A tech support based solution ...
ohwilleke's user avatar
  • 220k
2 votes

Is a written promise relating to the “workmanship” of software and hardware components create an express warranty under Magnusson-Moss or U.C.C.?

I second ohwilleke's succinct analysis, and would like to support it from at least the warranty angle under a reading of the U.C.C. in California: “It is important to note . . . that even statements ...
kisspuska's user avatar
  • 3,924
2 votes
Accepted

What effect does this ruling have on the burden of proof, if any?

No, there is no Presumption Created The bolded statement is an expression by the Judge of the CA Court of Appeal who wrote the opinion of his or her experience in such matters, based on other such ...
David Siegel's user avatar
1 vote
Accepted

Perfect tender rule vs (disclaimed) implied warranty?

In short: The implied warranty could not have been revoked under, at least, the Song-Beverly Consumer Warranty Act. Warranting that a consumer goods in written promises and disclaiming that it is ...
kisspuska's user avatar
  • 3,924
1 vote
Accepted

Can Bob, as a non-resident for the purposes of U.S. law, relay information of his consumer experiences to his embassy or consulate of a sending State?

In case of fraud, the matter may also be a crime. In that case: Not only does the '63 Convention provide that the sending State's national may be represented generally in matters when they are ...
kisspuska's user avatar
  • 3,924
1 vote

Can Bob, as a non-resident for the purposes of U.S. law, relay information of his consumer experiences to his embassy or consulate of a sending State?

No Consular assistance is far more limited than you think it is. For example, for australia, among the things the consulate can’t help you with is: intervene in another country’s court proceedings or ...
Dale M's user avatar
  • 213k
1 vote

Somebody's mother was scammed by a car dealer. What laws might apply?

A third option, if factually applicable, in addition to two other solid answers, would be to seek to rescind the transaction as based upon incapacity of the buyer (early dementia) and to have a ...
ohwilleke's user avatar
  • 220k
1 vote

What is the definition of "retail" or "at retail" for the purposes of the Song-Beverly Consumer Warranty Act?

This is since what I found from Cornell's Legal Information Institute: §779.328 of the Electronic Code of Federal Regulations which seems to be the relevant authority unless a state, for example, ...
kisspuska's user avatar
  • 3,924
1 vote

Lemon Law: May civil penalties be assessed for the damages more than once and each up to 2 times thereafter?

The only analogy that I could draw and is less remote than punitive damages is civil penalties under FEHA claims; however, there, the Legislature explicitly stated that each violation will impose a ...
kisspuska's user avatar
  • 3,924

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