If it’s not illegal to add, the only risk is bad press coverage, and it might prevent someone from suing in the first place because they don’t know their rights.
IANAL; However Usually the contracts have a severability clause, meaning even if some parts of that contract are null and void the rest of it stands minus the parts that are illegal. Does that mean those clauses are also null and void depending on locality? Again IANAL, but I believe it’s pretty settled contract law at least in the US.
We need legislation to fix this. Something like “should a contract drafted by a lawyer include clauses that they knew or should have known to be unenforceable or void, the entire contract shall be unenforceable by the drafting party”
If it’s not illegal to add, the only risk is bad press coverage, and it might prevent someone from suing in the first place because they don’t know their rights.
Except in several states if any of the contract is invalid it all is.
That’s not a common thing in American contracts. Severability clauses take care of that.
Is that true? I can’t find any source for it, except very specific cases where the language and contents of the contract matter.
IANAL; However Usually the contracts have a severability clause, meaning even if some parts of that contract are null and void the rest of it stands minus the parts that are illegal. Does that mean those clauses are also null and void depending on locality? Again IANAL, but I believe it’s pretty settled contract law at least in the US.
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It’s a pretty common clause in most contracts, so I’m not sure why you’re so confident that they aren’t used in EULAs
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Precisely for this reason?
I…misread the previous message. Makes sense.
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So that the entire contract isn’t void if one provision is struck down.
We need legislation to fix this. Something like “should a contract drafted by a lawyer include clauses that they knew or should have known to be unenforceable or void, the entire contract shall be unenforceable by the drafting party”