Ahoy, SLA boffins!
jcdill.lists at gmail.com
Thu Jul 30 06:59:39 UTC 2009
Stephen Sprunk wrote:
> Read your contract closely and you'll find that, except for an explicit
> SLA clause (which will cost you extra), they make no guarantee that the
> circuit will work at all and you'll still owe them money.
I am not a lawyer. However, over the years many lawyers have told me
you can't have a legally enforcible contract that says (in essence) you
owe me money even if I give you absolutely nothing in exchange (or visa
versa). A legally enforcible contract must *always* have an exchange of
consideration - I give you something (money, labor, tangible property,
intangible property) in exchange for something you give me.
Many businesses try this type of crap all the time, but (according to
the above mentioned lawyers) it's not worth the paper it is written on.
They make these clauses hoping the other party doesn't know their
rights. However, contract law (e.g. the UCC) trumps unenforcible and
illegal clauses in your contracts (this is why we *have* civil laws
regarding civil contracts, otherwise there would be no point in civil
laws at all). But please don't take my word for it, ask your own lawyer
to review your contract and give you an opinion about the legality and
enforceability of clauses of this type, in your particular contract.
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