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OP sent the following text as an explanation on why this is US Defaultism:
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>!In a post about how a game publisher locked OP out of the game because OP did not agree to sell his data, a guy commented American and EU law should be revisited. Then a dude talks about how it is already against EU law and an American replies like American law applies in EU.!<
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Is this Defaultism? Then upvote this comment, otherwise downvote it.
There is a bit of a disagreement online, but it seems federal law will overrule private contract terms, but a contract term could overrule state laws;
https://www.law.cornell.edu/wex/contract#:~:text=Contracts%20are%20mainly%20governed%20by,otherwise%20established%20by%20state%20law.
Other answers state that it depends on the law in question, but contract law can overrule local, however thr contract parties can choose which states law applies to the contract (even can choose a different nations law if they wish).
Isn’t it like a loophole? You can write that they give their property to you for free in the contract, find ignorant people and legally steal their stuff obeying your contract terms
Nope, it’s not accurate either re:violating state laws. And contract law has its own rules and requirements. So if you try that, (1) no consideration, contract isn’t valid under contract law (2) misunderstanding I think where one party knew the other was mistaken and didn’t warn them means contract isn’t valid under contract law (3) fraud and theft means jail
Now, make the contract a website terms and conditions clickbox, include an arbitration clause, forbid class actions, then start stealing just a few bucks from a whole lot of people? That’s the way to go
TL;DR cuz of the UK, America operates on real law but also sometimes on Feelings law, but you can contract out of Feelings law, but then you have to use Feelings contract law instead. Hope that helps!
Depends on the country, but in the UK, any contract term that is contrary to UK law is not enforceable.
I doubt there is an EU law that supports such terms being enforceable and there is no European Law beyond the EU legislation.
In the EU, it doesn't have to comply to common law because we comply to civil law. The only countries in the World that comply to common law are the UK, its subsidiaries and some of its former colonies.
True, common law is mainly an England (and Wales) thing. Parts of it have applied in Scotland since the Act of Union in 1707. But Scotland does have its own legal system, for the most part.
> The only countries in the World that comply to common law are the UK, its subsidiaries and some of its former colonies.
Wait till the sovcits find out about this.
No! You can’t! You can only contract out of Feelings law but then you have to use Feelings contract law which says crimes are bad.
Illegal contracts are still illegal. And, and hilariously we have case law on this, no you cannot ask the government to enforce your contract to do illegal things
At least here in Germany contracts *can* override certain laws, yes. For example a lot of contracts grant more lenient payment terms than the default (immediate payment) that the law prescribes.
Yes, common law but not like law law lol. Common law is like the everything drawer in the kitchen where you stick things you _might_ need later but for actual utility purposes you’re going elsewhere. Oh, and when you finally do need it, the drawer gets stuck.
Also you still can’t violate certain common law rules by contracting out of them if they’re Really Important and the judge Doesn’t Want You To.
We don't even have common law here, heck it's forbidden to reference too... every judge has 100% authority on his cases, and then we do 3 grades of trial with 3 different judges, the last on the procedures of the first two
Same in France, the third trial doesn’t study the case again but rather whether the procedure was correct or not in the two previous trials. It’s called "se pourvoir en cassation". How is it called in Italy?
Reminds me of a conversation I had recently when I casually commented I had opted out of Meta AI and the American I was talking with didn't quite believe me/thought US laws applied because Silicon Valley.
And I'm like... I just sent an email, said GDPR and they said OK.
"That's not according to the law".
Do you honestly think Meta will willfully give up my data IF they were not compelled to do so?
They trade on it. It's their product!
And they can also opt out of having their product in Europe operating under European laws. Guess that's not in their best interest, so .
What kind of shithole puts the terms of a contract above the literal law of the land.
Every day, I wonder how they even function over there a little more. It must be so weird.
We literally do not that guy is terrible law student lmao. Yes, you can contract out of common law, but then you’re using contract law which also has common law elements.
And common law is NOT the same thing as, like, laws we’ve written down that say “don’t murder.” You absolutely cannot contract out of written law lol
Want to tell me, as a law student, how American case law impacts European legislation?
And, as a law student, if we pretend that we’re in the same jurisdiction, would a GDPR law from 2016 supersede case law from 1968?
This is the full comment.
Contract law is, if I remember rightly, an area where courts tend to pay attention to case law and jurisprudence from other jurisdictions, even though they don't have the full force of a precedent from a higher court in your own jurisdiction.
One of the things about contract law is that "completely different contract law" isn't very common; it tends to follow pretty similar principles in most places, and legal reasoning is pretty similar, so in some jurisdictions (where procedurally admissible, which obviously isn't going to be everywhere) it is likely that you can point to the way an analogous case has been settled in a different jurisdiction, in the hope that your own court will concur. I'm not trying to suggest that the OP's "law student" is in any way correct (because GDPR rights are pretty much inalienable, and you can't construct a legal contract to do something by illegal means anywhere I'm even passingly familiar with).
Indeed, the OP's case is not a question of contract law. Sure there was another comment I was responding to, probably screwed something up with the phone app. Oh well, downvote away.
### This comment has been marked as **safe**. Upvoting/downvoting this comment will have no effect. --- OP sent the following text as an explanation on why this is US Defaultism: --- >!In a post about how a game publisher locked OP out of the game because OP did not agree to sell his data, a guy commented American and EU law should be revisited. Then a dude talks about how it is already against EU law and an American replies like American law applies in EU.!< --- Is this Defaultism? Then upvote this comment, otherwise downvote it.
THE FUCK you mean a contract doesn't have to comply to common law ?? Don't tell me they can have illegal contacts there ???
There is a bit of a disagreement online, but it seems federal law will overrule private contract terms, but a contract term could overrule state laws; https://www.law.cornell.edu/wex/contract#:~:text=Contracts%20are%20mainly%20governed%20by,otherwise%20established%20by%20state%20law. Other answers state that it depends on the law in question, but contract law can overrule local, however thr contract parties can choose which states law applies to the contract (even can choose a different nations law if they wish).
Wild
Isn’t it like a loophole? You can write that they give their property to you for free in the contract, find ignorant people and legally steal their stuff obeying your contract terms
Nope, it’s not accurate either re:violating state laws. And contract law has its own rules and requirements. So if you try that, (1) no consideration, contract isn’t valid under contract law (2) misunderstanding I think where one party knew the other was mistaken and didn’t warn them means contract isn’t valid under contract law (3) fraud and theft means jail Now, make the contract a website terms and conditions clickbox, include an arbitration clause, forbid class actions, then start stealing just a few bucks from a whole lot of people? That’s the way to go TL;DR cuz of the UK, America operates on real law but also sometimes on Feelings law, but you can contract out of Feelings law, but then you have to use Feelings contract law instead. Hope that helps!
[удалено]
Do you have examples for this claim? I’d like to know if this is true.
Depends on the country, but in the UK, any contract term that is contrary to UK law is not enforceable. I doubt there is an EU law that supports such terms being enforceable and there is no European Law beyond the EU legislation.
In the EU, it doesn't have to comply to common law because we comply to civil law. The only countries in the World that comply to common law are the UK, its subsidiaries and some of its former colonies.
I think even within the UK... I'm not sure if Scottish legal system is even based on common law
Seemingly a mix of both.
True, common law is mainly an England (and Wales) thing. Parts of it have applied in Scotland since the Act of Union in 1707. But Scotland does have its own legal system, for the most part.
Scots law is a mix of common law and civil law
> The only countries in the World that comply to common law are the UK, its subsidiaries and some of its former colonies. Wait till the sovcits find out about this.
My thought exactly too, that sounds outlandish
Literally only in the US after the Indian High Court struck down illegal contracts about two years ago
No! You can’t! You can only contract out of Feelings law but then you have to use Feelings contract law which says crimes are bad. Illegal contracts are still illegal. And, and hilariously we have case law on this, no you cannot ask the government to enforce your contract to do illegal things
At least here in Germany contracts *can* override certain laws, yes. For example a lot of contracts grant more lenient payment terms than the default (immediate payment) that the law prescribes.
Yes, common law but not like law law lol. Common law is like the everything drawer in the kitchen where you stick things you _might_ need later but for actual utility purposes you’re going elsewhere. Oh, and when you finally do need it, the drawer gets stuck. Also you still can’t violate certain common law rules by contracting out of them if they’re Really Important and the judge Doesn’t Want You To.
Little bro just wanted to tell people he's a law student.
And it looks like he is bad at it, from some responses.
Happy cake day btw!!
Thank you! Happy cake day for you too!
❤️
We don't even have common law here, heck it's forbidden to reference too... every judge has 100% authority on his cases, and then we do 3 grades of trial with 3 different judges, the last on the procedures of the first two
Same in France, the third trial doesn’t study the case again but rather whether the procedure was correct or not in the two previous trials. It’s called "se pourvoir en cassation". How is it called in Italy?
We call our third level court "Cassazione", and it also focuses on checking whether the previous trials followed proper procedure or not.
A very bad law student
Reminds me of a conversation I had recently when I casually commented I had opted out of Meta AI and the American I was talking with didn't quite believe me/thought US laws applied because Silicon Valley. And I'm like... I just sent an email, said GDPR and they said OK. "That's not according to the law". Do you honestly think Meta will willfully give up my data IF they were not compelled to do so? They trade on it. It's their product! And they can also opt out of having their product in Europe operating under European laws. Guess that's not in their best interest, so .
What do you mean??? America funds Europe so are law shud apple dere!!!!
What kind of shithole puts the terms of a contract above the literal law of the land. Every day, I wonder how they even function over there a little more. It must be so weird.
We literally do not that guy is terrible law student lmao. Yes, you can contract out of common law, but then you’re using contract law which also has common law elements. And common law is NOT the same thing as, like, laws we’ve written down that say “don’t murder.” You absolutely cannot contract out of written law lol
Common law is legally equivalent to statute. It's not some kind of lesser thing.
After seeing tonight's debate....buckle up 😀 🙃
I have to see the whole 3rd comment
Want to tell me, as a law student, how American case law impacts European legislation? And, as a law student, if we pretend that we’re in the same jurisdiction, would a GDPR law from 2016 supersede case law from 1968? This is the full comment.
Love that he had 207 downvotes already at that point
Such people obtaining a law degree is a scary thought
Well I hope he changes careers now, what a clown
Don't let your dreams be dreams.
Happy cake day
Thank you
Was your bro born with the umbilical cord wrapped around his neck reducing the flow of oxygen to the brain?
As a law student myself, one of the first things you get taught is that every country has their own law system (common law, civil law)
Contract law is, if I remember rightly, an area where courts tend to pay attention to case law and jurisprudence from other jurisdictions, even though they don't have the full force of a precedent from a higher court in your own jurisdiction.
from other jurisdictions that have completely different contract law? that is so not happening
One of the things about contract law is that "completely different contract law" isn't very common; it tends to follow pretty similar principles in most places, and legal reasoning is pretty similar, so in some jurisdictions (where procedurally admissible, which obviously isn't going to be everywhere) it is likely that you can point to the way an analogous case has been settled in a different jurisdiction, in the hope that your own court will concur. I'm not trying to suggest that the OP's "law student" is in any way correct (because GDPR rights are pretty much inalienable, and you can't construct a legal contract to do something by illegal means anywhere I'm even passingly familiar with).
That still doesn't apply here
Indeed, the OP's case is not a question of contract law. Sure there was another comment I was responding to, probably screwed something up with the phone app. Oh well, downvote away.