[lbo-talk] legal question

Wojtek Sokolowski swsokolowski at yahoo.com
Fri Sep 5 12:55:11 PDT 2008


--- On Fri, 9/5/08, andie nachgeborenen <andie_nachgeborenen at yahoo.com> wrote:


> you'd have to look at the contract. If, as its likely,
> it provides for the telecom to change the terms of the
> contract unilaterally, a citizen of the State of Confusion
> would have an uphill climb to make out a case that such a
> unilateral rate change was a "material breach" of
> the sort that offered the basis for early termination. Of
> course a term in a contract might be illegal, waived, or
> otherwise unenforceable for some reason or other, and this
> might be such a term.

[WS:] Below is what the contract actually says. Basically, I can terminate without penalty in response to their "material changes" in the contract. The question is whether an extra $10 per month -without prior notification _ resulting from changing the employer discount rate (they claim it was my employer) or $40 for the remaining durration of the contract qualify as "material."

I mean 40 bucks is not a big deal - I can cancel the service in 4 month witjout any fuss, and I am not going on limb to fight that. I am more concenrend with the principle here - if I can legally resist corporate practices, why not?

PS. This not asking for a proper legal advice, of course.

Wojtek



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