I have to agree with co counsel Dean. While I'm sure NOT going to read every states statutes (to see if they agree with enforcement of a sign on a truck) at common law Im confident a sign on a truck claiming they are NOT responsible for damage for failing to properly and safely secure their cargo ISNT WORTH THE PAPER/STEEL ITS PRINTED ON.
They are attmepting to intimidate and its not possible to creat a UNILATERAL CONTRACT i.e. YOU DIDNT BARGAIN FOR, CONTARCT FOR, OR AGREE TO THOSE TERMS NOW DID YOU. Does it make sense to a lay person or an attorney that ONLY ONE party can create dictate or enforce a contract or agreement THAT THE OTHER PARTY DIDNT AGREE TO NOR HAVE ANY KNOWLEDGE OF WHATSOEVER. If BOTH parties bargained for, there was a meeting of the minds, and it was agreed upon that if your trucks load isnt contained and such causes me damage, hey youre NOT responsible NOW THATS AN ENFORCEABLE CONTRACT but only one party unilaterally placing a sign on their truck deciding that if my load spills over and damages your car Im NOT responsible SORRY, THAT DONT GET IT.
HERES THE THING. Its well settled in the law that if one parties negligence (say failing to secure a trucks cargo) causes damage to another person THAT PERSON IS LIABLE. So only one person attempting to circumvent well settled and good law by placing a sign on their truck that attempts to change that law JUST DOESNT PASS THE SMELL TEST AT ALL, SORRY CHARLIE.
Thats my story n Ima stickin to it
John T Country Lawyer (Remember, I have NOT read every states statutes so no warranty, I'm ONLY arguing the common law of contract and negligence here........
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Today's Featured Article - A Brief History of Tractors in Australia - by Bob Kavanagh. After Captain Cook's exploration of the east coast in 1770 the British Government decided to establish a penal colony in Australia. The first fleet arrived in 1788 and consisted mainly of convicts who were poorly equipped and new little of farming techniques. The colony remained far from self-supporting and it was not until the early 1800's that things started to improve. Free settlers started to arrive, they followed the explorers across the mountains and where land was suitable set up farms. T
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