this post was submitted on 02 Oct 2024
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A Boring Dystopia

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This case is quite similar with Disney+ case.

You press 'Agree', you lost the right to sue the company.

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[–] [email protected] 16 points 8 months ago
[–] [email protected] 14 points 8 months ago (2 children)

So they were in an Uber, and ordered food on Uber eats, then the Uber driver crashed? Did I read that right?

[–] [email protected] 53 points 8 months ago* (last edited 8 months ago) (2 children)

Months previously the daughter, who was a minor, had set up Uber Eats and just clicked through the terms of service because it’s not like you have a choice, plus she was a kid.

The parents were seriously injured in an Uber crash, but the court sided with Uber that they could NOT sue because those terms of service were legally binding for all Uber interactions

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[–] [email protected] 43 points 8 months ago* (last edited 8 months ago) (3 children)

Uber are pulling the same shit as Disney.

Apparently if you have ever ever ever accepted a Disney + account, and you have a family member die in a restaurant that is owned by Disney or dies in the theme park, you can’t sue Disney

And this is Uber doing the same thing. Uber driver crashed into a vehicle and because the woman in the car they crashed into had ordered something on Uber eats once upon a time when she was on her moms account she cannot sue an Uber driver ever.

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[–] [email protected] 106 points 8 months ago (2 children)

I used to wonder what happened to kids who would always change the rules in the middle of a game like, "nuh uh nuh uh I have a shield around my whole body that blocks lasers," so that they never ever lose. I thought they just grew out of it but now I realize they all became corporate lawyers for tech companies

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[–] [email protected] 61 points 8 months ago (1 children)

This is fucked. But I have a question. Why does Uber need to bother relying on the daughter’s agreement with Uber Eats? Surely the parents as Uber ride share users already agreed to similar terms no? Is this their way of testing this in court to see how far they can push it and set a precedent?

[–] [email protected] 39 points 8 months ago* (last edited 8 months ago) (1 children)

their daughter clicked “agree” when presented with updated terms and conditions while ordering food via her mom’s Uber Eats account.

[–] [email protected] 21 points 8 months ago (5 children)

Yes but wouldn’t the parents already have agreed to such terms when they first signed up for Uber, long before their daughter clicked to accept the updated terms on Uber Eats (which presumably is a different app.)

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[–] [email protected] 182 points 8 months ago* (last edited 8 months ago) (7 children)

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.

[–] [email protected] 32 points 8 months ago

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.

[–] [email protected] 63 points 8 months ago (2 children)

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.

[–] [email protected] 16 points 8 months ago* (last edited 8 months ago) (2 children)

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.

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[–] [email protected] 20 points 8 months ago (1 children)

lapdogs

The Whitehouse is 12 years overdue for its 200-year reno. Are you angling to get it done for free?

[–] [email protected] -2 points 8 months ago* (last edited 8 months ago)

Just gonna leave this here....

Edit: guess some folk are still pissed about the war of 1812.... Either that or they really hate The Arrogant Worms...

[–] [email protected] 18 points 8 months ago (1 children)

The US has twice as many parties as China. If that ain't a major difference then I don't what is /s

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[–] [email protected] 82 points 8 months ago (1 children)

And they'll keep getting away with it as long as corporations are treated better than actual people. And you know they put shit like this in the agreements because they know nobody reads them. And every time we get complacent or blame someone else, it only gets worse.

[–] [email protected] 62 points 8 months ago (1 children)

you know they put shit like this in the agreements because they know nobody reads them

That's only half of the problem: even if you carefully read what you agree to, if you refuse agreements that include a forced arbitration clause, you have no other choice because all companies foist it on you.

In other words, if you refuse forced arbitration, you essentially have to opt out of normal life, because there are no alternatives.

[–] [email protected] 12 points 8 months ago* (last edited 8 months ago)

In this specific case, society could have built a more fair transportation system, such as safe public transit, effectively providing an alternative to uber and a way to avoid agreeing to the terms.

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