Comments on: Fine Print Friday: Lessons from GameStation http://www.proandcontracts.com/2010/04/16/fine-print-friday-lessons-from-gamestation/ Fri, 20 Jan 2012 15:33:39 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Graham Martin http://www.proandcontracts.com/2010/04/16/fine-print-friday-lessons-from-gamestation/comment-page-1/#comment-34 Graham Martin Sat, 17 Apr 2010 14:35:24 +0000 http://www.proandcontracts.com/?p=124#comment-34 All good questions! I will definitely try to address those in the near future. Thanks for the suggestions. All good questions! I will definitely try to address those in the near future. Thanks for the suggestions.

]]> By: Graham Martin http://www.proandcontracts.com/2010/04/16/fine-print-friday-lessons-from-gamestation/comment-page-1/#comment-33 Graham Martin Sat, 17 Apr 2010 14:34:51 +0000 http://www.proandcontracts.com/?p=124#comment-33 That's a fantastic case; we were introduced to it in our first semester of law school. So I suspect that it would be difficult to find the defendant, but not necessarily that the clause is in the wrong jurisdiction or unenforceable. Remember: the clause was written as part of a contract in the UK, not in Hell; and the beneficiary is GameStation, not Satan. It would be hard to tell, however, if said soul had been transferred. Perhaps we could get some psychics to help with that. That’s a fantastic case; we were introduced to it in our first semester of law school. So I suspect that it would be difficult to find the defendant, but not necessarily that the clause is in the wrong jurisdiction or unenforceable. Remember: the clause was written as part of a contract in the UK, not in Hell; and the beneficiary is GameStation, not Satan. It would be hard to tell, however, if said soul had been transferred. Perhaps we could get some psychics to help with that.

]]> By: Mike Johnson http://www.proandcontracts.com/2010/04/16/fine-print-friday-lessons-from-gamestation/comment-page-1/#comment-32 Mike Johnson Fri, 16 Apr 2010 21:48:10 +0000 http://www.proandcontracts.com/?p=124#comment-32 Interesting... contract law is nuts. Some idle questions that might be interesting to cover sometime: Any generalizations as to how someone can guesstimate which provisions in a contract are enforceable? Is there any downside to sticking all sorts of probably-unenforceable provisions in a contract? (E.g. if some provisions are unenforceable, does that weaken the other provisions?) How can you tell if a contract is 'adhesive', and how much does being adhesive weaken the contract? Interesting… contract law is nuts.

Some idle questions that might be interesting to cover sometime:

Any generalizations as to how someone can guesstimate which provisions in a contract are enforceable?

Is there any downside to sticking all sorts of probably-unenforceable provisions in a contract? (E.g. if some provisions are unenforceable, does that weaken the other provisions?)

How can you tell if a contract is ‘adhesive’, and how much does being adhesive weaken the contract?

]]> By: Andrew http://www.proandcontracts.com/2010/04/16/fine-print-friday-lessons-from-gamestation/comment-page-1/#comment-31 Andrew Fri, 16 Apr 2010 20:50:33 +0000 http://www.proandcontracts.com/?p=124#comment-31 I suspect that there might be problems with jurisdiction and enforceability of an Immortal Soul clause. I cite in defense the fantastically fun case Mayo v. Satan and all his minions: http://en.wikipedia.org/wiki/United_States_ex_rel._Gerald_Mayo_v._Satan_and_His_Staff I suspect that there might be problems with jurisdiction and enforceability of an Immortal Soul clause. I cite in defense the fantastically fun case Mayo v. Satan and all his minions: http://en.wikipedia.org/wiki/United_States_ex_rel._Gerald_Mayo_v._Satan_and_His_Staff

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