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Blind people sue Target because they can't access Target's website.
tommy:
--- Quote from: shmokes on October 08, 2007, 08:59:12 pm --- I mean, if I drive up to Ft. Lauderdale tomorrow and pick up a bunch of glass from you, under the understanding that I'll Paypal you the money on Friday, it'd be pretty lame if on Monday I'm served with process for breach of contract. But what if you call me on Monday and I say that I decided not to pay you? Or what if you call me and I say, "Yeah . . . I'm going to get to that. Sorry." And then I say the same thing the next Monday. And the next Monday. And the next Monday.
--- End quote ---
Why would you use this as an example? This is a situation where you would owe me money and i would be able to take legal action and it is justified. This has nothing to do with a website not being up to date and surly shows no reason to sue them over.
I understand this is how they chose to bring this out in the open, but it does not mean it's the right way and that they should get any money out of it. If the site is not up to code, go to the media, have them shut down the site and even the store, but this was not the "blinds" family's primary concern because they wanted to get rich over this.
I guess we can go on for days talking about this and I'd rather not. This is not a worthy reason to sue the store over and i can't be convinced otherwise.
ChadTower:
Does anyone here have some info on what other avenues were tried before the lawsuit? I'm willing to bet that they tried everything else... this type of lawsuits costs a lot of $$$ for the plaintiff too. There won't be any punitive damages or court cost awards here.
ahofle:
--- Quote from: ChadTower on October 09, 2007, 09:16:47 am ---I'm willing to bet that they tried everything else... this type of lawsuits costs a lot of $$$ for the plaintiff too.
--- End quote ---
I agree. I think one has to be pretty naive to think a large corporation would spend a DIME to help someone who 'asks nicely' if it didn't also serve to increase their bottom line or shareholder's approval.
shmokes:
--- Quote from: tommy on October 09, 2007, 09:15:14 am ---
Why would you use this as an example? This is a situation where you would owe me money and i would be able to take legal action and it is justified. This has nothing to do with a website not being up to date and surly shows no reason to sue them over.
--- End quote ---
Because, Tommy, a contract to exchange goods for money is only one way to to create a legal duty, but a legal duty is a legal duty. Maybe I have a legal duty to pay you for the glass you cut for me. Maybe I have a legal duty to respect your property line. Maybe I have a legal duty to warn you when my actions, whether negligent or not, create an unreasonable risk for you. Maybe I have a legal duty to you because I am your landlord and must keep your apartment/house in a state of habitability. Maybe I have a legal duty to pay attention to traffic lights so I don't broadside you as you drive through an intersection on green. Duties can very from place to place, or from situation to situation. In buyer beware states you'd damned well better get an inspection before you buy a house, because the seller has no duty to tell you anything about it. He can't lie in response to specific questions, but if you don't ask about termites, he doesn't have to tell you. In duty to disclose states, however, the seller DOES have a duty to tell you about the termites, and if he doesn't he has breached that duty and is liable to you for damages.
The point is, duties arise from things other than simple business transactions. You don't get to sue me for welshing on the glass deal because what I did was morally wrong. You get to sue me because I breached my legal duty to you. If my legal duty to you is to build/alter my website in a way that will allow you to access it, I must fulfill this duty for the exact same reasons that I must pay you for the glass or stop at red lights.
ChadTower:
In other words, shmokes is totally full of duty.
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