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47 points

So these things keep appearing in contracts but everyone seems to say they’re totally unenforceable so… Why do they keep appearing in contracts?

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61 points

If it’s not illegal to add, the only risk is bad press coverage, and it might prevent someone from suing in the first place because they don’t know their rights.

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16 points

Except in several states if any of the contract is invalid it all is.

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1 point

Is that true? I can’t find any source for it, except very specific cases where the language and contents of the contract matter.

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20 points

In the United States where TikTok is based, contracts can include “severability clauses” that state that in the event any part of the contract is deemed unenforceable, the other parts are still good

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13 points

That’s not a common thing in American contracts. Severability clauses take care of that.

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7 points

We need legislation to fix this. Something like “should a contract drafted by a lawyer include clauses that they knew or should have known to be unenforceable or void, the entire contract shall be unenforceable by the drafting party”

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13 points

Because sooner or later, some judge will decide it is enforceable.

Plus it serves as a deterrent for some from even filing a suit with the risk of it getting thrown out and them out thousands of dollars in legal fees.

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2 points

I’m guessing this might be a pre-emptive response to all the Snapchat lawsuits. Basically, parents are suing Snapchat because their kids talked to drug dealers using it.

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1 point

Because enough people will read it without consulting a lawyer and never do so that pays for itself before the inks dry.

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4 points
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to cover their asses. It’s like seizure warnings on video games. it should go without saying but. sadly…it has to be said. if a case does arise, judges usually create a ‘quasi’ contract that’s usually modified to be fairer for both parties…usually…😬

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