We need legislation to fix this. Something like “should a contract drafted by a lawyer include clauses that they knew or should have known to be unenforceable or void, the entire contract shall be unenforceable by the drafting party”
Comment on TikTok requires users to “forever waive” rights to sue over past harms
OldWoodFrame@lemm.ee 6 months agoIf it’s not illegal to add, the only risk is bad press coverage, and it might prevent someone from suing in the first place because they don’t know their rights.
NateNate60@lemmy.world 6 months ago
Djtecha@lemm.ee 6 months ago
Except in several states if any of the contract is invalid it all is.
NateNate60@lemmy.world 6 months ago
In the United States where TikTok is based, contracts can include “severability clauses” that state that in the event any part of the contract is deemed unenforceable, the other parts are still good
520@kbin.social 6 months ago
Uhhh tiktok is based in China
IHateRedditAndSpez@programming.dev 6 months ago
it’s owned by a Chinese company, but TikTok itself is in the US
ABCDE@lemmy.world 6 months ago
Wasn’t there a big hoohar about that a couple of years ago which meant they had to move?
lhx@lemmy.world 6 months ago
That’s not a common thing in American contracts. Severability clauses take care of that.
ripcord@kbin.social 6 months ago
Is that true? I can't find any source for it, except very specific cases where the language and contents of the contract matter.
jeansburger@lemmy.world 6 months ago
IANAL; However Usually the contracts have a severability clause, meaning even if some parts of that contract are null and void the rest of it stands minus the parts that are illegal. Does that mean those clauses are also null and void depending on locality? Again IANAL, but I believe it’s pretty settled contract law at least in the US.
ripcord@kbin.social 6 months ago
There's zero chance that any user agreements ever have those.
Djtecha seemed to be saying there is some blanket rule in some states.