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........
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Harvestin Hay: The Early Years (Part 2) - by Pat Browning. The summer of 1950 was the start of a new era in farming for our family. I was thirteen, and Kathy (my oldest sister) was seven. At this age, I believed tractor farming was the only way, hot stuff -- and given a chance I probably would have used the tractor, Dad's first, a 1936 Model "A" John Deere, to go bring in the cows! And I think Dad was ready for some automation too. And so it was that we acquired a good, used J. I. Case, wire tie hay baler. In addition to a person to drive th
... [Read Article]
Latest Ad:
Sell 1958 Hi-Altitude Massey Fergerson tractor, original condition. three point hitch pto engine, Runs well, photos available upon request
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
