[mythtv-users] Boxee/Hulu?

[R. G. Newbury]

Brian Wood wrote:
> On Monday 02 March 2009 15:20:37 jedi wrote:
>>     This is true of contracts in general. All sorts of unenforceable or
>> illegal stuff gets put into contracts. Companies a lot of times depend
>> on people just naeively going along with it all. The fact that someone
>> might want you to comply with it doesn't necessarily mean anything.
> 
> This is why a lot of contracts have a "severability" clause, stating that if 
> any portion of the contract is found to be illegal or invalid it does not 
> void the rest of the contract.
> 
> Whether this means a contract without such a clause is void if any portion is 
> illegal, I do not know.
> 

The position at common law was that if a clause was invalid, then the 
entire contract was void, since deleting the clause would result in a 
different contract than the parties contracted for.
Unfortunately, that means that there is no basis for ordering part 
performance of the other portions of the contract.

So some states and provinces provide for severability as a standard. 
Ontario does not on a blanket basis, although some statutes (Consumer 
Protection Act and Discriminatory Business Practices Act come to mind) 
provide for severability of clauses in certain cases, so the  'bad' guys 
cannot escape the liability of fulfilling the other parts of the  contract.

Which is why lawyers on both sides of a contract want that 
clause...presumably you enter into the contract for some benefit and 
would not want the other side to be able to escape all liability. (Note 
that judges will often not let the party which drafted the contract, use 
the illegality of a clause to have the contract declared void since that 
would allow that party to benefit from its own wrongdoing.

But as to the 'no-clause' position, YMMV depending on your state's laws 
and so, yup!, I'm going to recommend that you consult a lawyer in your 
own state if this question ever arises. And if you think that this is 
"legal advice" you don't need a lawyer you need a dictionary.

Geoff


-- 
         Please let me know if anything I say offends you.
          I may wish to offend you again in the future.

          Tux says: "Be regular. Eat cron flakes."