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As permitted by law

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Jan. 10th, 2009 | 03:27 pm
location: Sasona
mood: hungryhungry

Logically, if your privacy policy and/or contractual agreement with a financial services company appends the phrase "or as permitted by law" to what would otherwise be reasonable stipulations, why even bother to write all that other stuff, or have a policy at all?

Why not just say "we'll do whatever the frack we want, so long as there's no law against it?"

Can you enter into a valid contract that says one of the parties to it *will* violate some law? What would that even mean? Okay, okay, I'll Google it myself -- no, such contracts are not enforceable. Which makes it all the more absurd to construct a contract that spends many pages listing things they will or won't do, when it also says they may do *anything* that's legally permitted.

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Comments {7}

!Bob

IANAL

from: achild
date: Jan. 10th, 2009 11:01 pm (UTC)
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But that sounds related to the severability clause

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Triple Entendre

Re: IANAL

from: triple_entendre
date: Jan. 10th, 2009 11:07 pm (UTC)
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in fact, just skimming the topic of contract law, I find multiple reasons why any such contract might be considered void. A more interesting question might be of when this should be considered fraudulent (and/or punishable).

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Julia

(no subject)

from: made_of_paradox
date: Jan. 10th, 2009 11:24 pm (UTC)
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Maybe it's like the lubricant when you're being butt-fucked?

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spacellama

(no subject)

from: spacellama
date: Jan. 11th, 2009 05:21 am (UTC)
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Squeee! It's so good to hear from you. We got a particularly interesting board game for Christmas and thought of you. Are you still in Austin? Would you be interested in coming over and playing some games? Miss you.

Oh, and re: post ... yes, legalese boggles the comma.

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Triple Entendre

(no subject)

from: triple_entendre
date: Jan. 13th, 2009 08:08 pm (UTC)
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yes! I would be delighted to come play some games. I miss you guys!

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Sara

(no subject)

from: avice
date: Jan. 11th, 2009 07:39 am (UTC)
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The back of Burning Man tickets *tries* to establish an agreement to break laws without recourse.

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Triple Entendre

(no subject)

from: triple_entendre
date: Jan. 13th, 2009 08:12 pm (UTC)
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I think I see what you mean there. yeah, there's precedent for using legalese to *hint* at things. If done well, I would even accept the argument that doing so can be an art form in itself.

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