Comment on Doctors Remove Woman’s Brain Implant Against Her Will

• Madison420@lemmy.world ⁨3⁩ ⁨weeks⁩ ago

  You can. They can do the surgery or they can be sued, it’s a binary choice.

  Morals are a different story but legally no, it’s quite clear and arbitration agreements are pretty literally sections of contracts that say you can’t argue certain things in certain ways.

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  • treadful@lemmy.zip ⁨3⁩ ⁨weeks⁩ ago

    No, you can’t. A contract doesn’t magically supersede law. For instance, you can’t sign a contract saying I can murder you.

    arbitration agreements are pretty literally sections of contracts that say you can’t argue certain things in certain ways.

    And arbitration clauses are not magical statements either. They’re enabled and restricted by law. It’s not even settled law. You have California trying to ban them and lots of courts ruling on various points and exceptions of the law.

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    • Madison420@lemmy.world ⁨3⁩ ⁨weeks⁩ ago

      No that’s what severance clauses are for. Anything not legal can’t be enforced but the contract minus those sections stands. Similarly she was not forced to have the surgery in any way at all. She has to return the device that she agreed to return, the surgery was optional.

      They sorta are though boss and this wasn’t in California iirc.

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