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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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<blockquote data-quote="Steel_Wind" data-source="post: 8885632" data-attributes="member: 20741"><p>1. No, very probably not. Moreover, questions like this are wrong-headed in terms of the legal remedy which flows from it. Are you trying to escape a contract, or claim reliance damages? If not, this has no application. Going beyond that, <em><strong>coercion amounting to the tort of intimidation</strong></em> is to employ unlawful means towards a goal, to deny or discourage the other party of a right to do something he was otherwise lawfully entitled to do. A new contract, even if it contains some legally uncertain terms within it, is not <em>clearly</em> intimidation. You are off course and adrift at sea here. This isn't a helpful line of questioning.</p><p></p><p>2. <strong><em>Undue influence</em></strong> is an area of the law which arises in Estate litigation (re validity of a will), or less often, under a power of attorney for an <em>inter vivos</em> gift. It has no application here.</p><p></p><p>3. <strong><em>Unconscionability</em></strong> is an aspect of contract law which after <em>Uber v. Heller</em> now varies widely, even among common law jurisdictions. Again, its purpose is to avoid a contract or a part thereof - so the court can "blue pencil" and strike out a plainly unconscionable term(s), while keeping the rest of the contract as enforceable. I don't see how that has any application to the issues discussed here - at least <em>so far</em>. It might arise later though. Leave that one with a pink post-it note stuck to it and shuffle it off to the side for the time being. Unlike the first two questions above (which have no application here) this one <em>might</em>, depending on the context and circumstances.</p></blockquote><p></p>
[QUOTE="Steel_Wind, post: 8885632, member: 20741"] 1. No, very probably not. Moreover, questions like this are wrong-headed in terms of the legal remedy which flows from it. Are you trying to escape a contract, or claim reliance damages? If not, this has no application. Going beyond that, [I][B]coercion amounting to the tort of intimidation[/B][/I] is to employ unlawful means towards a goal, to deny or discourage the other party of a right to do something he was otherwise lawfully entitled to do. A new contract, even if it contains some legally uncertain terms within it, is not [I]clearly[/I] intimidation. You are off course and adrift at sea here. This isn't a helpful line of questioning. 2. [B][I]Undue influence[/I][/B] is an area of the law which arises in Estate litigation (re validity of a will), or less often, under a power of attorney for an [I]inter vivos[/I] gift. It has no application here. 3. [B][I]Unconscionability[/I][/B] is an aspect of contract law which after [I]Uber v. Heller[/I] now varies widely, even among common law jurisdictions. Again, its purpose is to avoid a contract or a part thereof - so the court can "blue pencil" and strike out a plainly unconscionable term(s), while keeping the rest of the contract as enforceable. I don't see how that has any application to the issues discussed here - at least [I]so far[/I]. It might arise later though. Leave that one with a pink post-it note stuck to it and shuffle it off to the side for the time being. Unlike the first two questions above (which have no application here) this one [I]might[/I], depending on the context and circumstances. [/QUOTE]
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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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