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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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