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US couple blocked from suing Uber after crash say daughter agreed to Uber Eats terms
(www.theguardian.com)
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this post was submitted on 02 Oct 2024
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Forced arbitration is unjust and should be outlawed. It's only legal in 7 other countries: UK, Canada, Australia, Ireland, Saudi Arabia, China and India.
That's right: 4 countries that are essentially US lapdogs, two dictatorships and one that's on the fast track towards becoming one.
Also, you can totally see how America is so much better and totally different than China. The more I look at both, the less I can tell the difference.
But at least in the United States, there is hope.
It's not really legal in the UK. It's unenforceable on claims under 5k and for claims over 5k the courts will make a case by case decision if arbitration is appropriate.
https://www.herbertsmithfreehills.com/insights/reports/inside-arbitration/click-to-agree-technology-and-consumer-arbitration
However, lots of companies still add these bullshit clauses as a way to bully people out of seeing a lawyer.
For sure and, even then, in uk law, you can't sign away your freedom to take regular legal action against someone who caused you damage, due to their illegal actions. Something like the one in the article would be, rightly, dismissed as a repugnant clause.
Is it really called a “repugnant clause?”
Lol yeah, what these sorts of things would be dismissed as is literally called a "repugnant clause."
It should be illegal for companies with a legal budget over X€ to have illegal clauses on their terms and conditions.
FYI it is the other way around. The British Empire spread Common Law around the world. Here is a Wikipedia's Page (Common Law section) which explains the spread:
https://en.m.wikipedia.org/wiki/List_of_national_legal_systems
This is why we occasionally get courts referring to Ancient precedents from England.
If you look at the list all those countries were influenced or under control by the British Empire.
I mean, that's true, but correlation v causation and all that. The list of countries "owned or influenced by" the British Empire includes a lot more than just these 7, and yet the forced arbitration club is a small one, so I'm not 100% sure I agree with your police work there, Hal.