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 - What Price Enthusiasm? - by Anthony West. Quite frankly, for some time now restorers like myself have become more and more concerned about the rapid increase in the prices of old farm machines here in England. There is now a growing market for "As found" machines. Which as machines get rarer, has found the birth of a new industry....one of the "procurement agent". These agents appropriate as much old machinery as possible then inflate prices at auctions. So at what price enthiusiasm? We are now seeing poor machines which 3 years ago ma
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