Comments by "MarcosElMalo2" (@MarcosElMalo2) on "Steve Lehto" channel.

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  18.  @MelissiaBlackheart  Even in right-to-work states, a legal employment contract prevails. At will employment laws do not automatically apply if there are terms and conditions in the contract that spell out termination. Absent a legal contract, the state employment laws are the operant laws. Marvin and Patrick are substituting their opinion for expertise. I doubt they have experience as employers or as an employee hired on contract. Of course, this doesn’t mean Musk has to let the contract employee work. He can have someone else do her job and let her sit in her office doing whatever. What he cannot legally do is take away pay or benefits or otherwise unilaterally break the contract. I joined a company where one of the managers and the owner had a dispute. The manager had a year left on the contract, so the owner still had to pay his salary and benefits until the end of the contract. The owner did this while relieving the employee of his managerial duties. Every day for about three months the guy showed up, went to his office and read the newspaper. The owner finally got sick of having him around. I wasn’t privy if the owner paid off the balance of the contract in a lump sum or just told the employee to stop coming in while continuing to pay him, but after a few months, we stopped seeing him. I later was also terminated, but as an at-will employee, so I didn’t get to sit around and get paid for doing nothing. 😂 Honestly, the owner was an SOB and I wasn’t sad to go.
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  70.  @anonymouse14  Liability, yes. Criminal charges, probably not. U-haul has a good mens rea defense here, and any prosecutor would think three times and then opt not to prosecute. Mens rea is intention, and it would be quite easy for the defense to prove that no one at Uhaul intended to steal. For a civil case to recover monetary damages, it’s equally clear cut that Uhaul is liable, since their negligence led to the loss of the client’s property. Any jury would award damages. Unless Uhaul is very stupid (always possible with big corporations), they would want to settle this quickly and not argue about a reasonable ask (between full value and 150% or perhaps 200% of value, depending on how high). There might be several rounds of offer/counteroffer. Probably the couple would want to settle this sooner rather than wait for the matter to come to trial. But if they are willing to wait, they might get a bigger payoff at trial. If it was me, I’d start negotiations with the company before retaining an attorney. I’d have my minimum acceptable offer in mind based on value of the lost possessions and the inconvenience of replacement. A lot of times you can get a fair settlement quicker if you DON’T retain an attorney, and you won’t be on the hook for the attorney’s contingency. Once you hire attorneys, the company won’t talk to you and everything is done between your attorney and theirs. If I was offered anything like 150% of fair value, I’d be satisfied. Less than 125%, I’d probably seek legal assistance. That said, if one is too angry and emotional, it might be better to hire an attorney from the get go, and let them handle the case.
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  210.  @uraldamasis6887  It is possible, but super unlikely in a used car scenario. The way it would work is this: the original purchase contract (or the rebate agreement) could include “pass-thru” language stipulating future contracts between you, the original buyer, and future buyers. To sell the car, you’d need put in clauses that waive the right to sue (and the manufacturer would obviously provide the mandatory clauses). Those contract clauses would pass thru to any future sales. You’re not so much waiving the rights of future buyers as it is requiring them to waive their rights as a condition of buying your car. TLDR: a contract can control and specify the terms and conditions of future contracts between the buyer and subsequent buyers. Sounds ludicrous, right? But there are precedents for such pass-thru agreements in the armaments industry, where contract language defines future contracts with third parties. Let’s say a German tank manufacturer sells some tanks to the Italian government. The Italian government is contractually restricted from exporting those tanks to other buyers without approval from the German manufacturer. Let’s say there’s two potential buyers in third countries: the government in Myanmar and an arms broker in Spain. The manufacture has the contractual right to reject either buyer. Maybe they don’t like Myanmar’s human rights policies, so they say, “No, Italy, you can’t pass the tanks to the Myanmar government. But you can sell to the broker in Spain if they sign a pass-thru agreement that controls to whom they can sell the tanks, that gives us ultimate approval over the sale.” This is to avoid the broker turning around and selling the tanks to Myanmar. These sorts of pass-thru agreements are real. They have affected countries trying to send war fighting equipment to Ukraine, delaying the shipment. It’s unrealistic that a car dealer could make buyers sign such a contract, but it is possible. The export can even be mandated by the government of the country where the manufacturer is located, defined by export control laws of that country, which adds another layer of approval.
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  388. The issue isn’t so simple. For example, I want a water proof or resistant phone. I can buy one from a variety of manufacturers. I want finger print ID secure my phone. Again, available from a variety of mfgrs. I currently have such a phone. If I want to replace the battery, it’s only $30 if I take it to the mfgr’s retail store or send it in. I can opt to repair that battery myself for around $15, but in opening it up I might ruin the water proofing seals. I’ve bought older used phones and replaced the battery. I even had a fire once because the battery was difficult to remove and the battery package tore. Honestly, it’s worth the extra $15. Plus, I don’t have to worry about the seals. I don’t have to worry about something happening to the finger print cable. And I’m going to be a little pissed if phone manufacturers are prevented from making phones with the features I want, to make it easier for some 10% or less of consumers to repair their own phones. I don’t want my phone’s manufacturer to use larger components to make repairs easier, or bigger cases so there’s more room for the DIYer to work with. I have been doing self repairs and DIY all my life. Usually, I like buy a quality product that will last, take care of it, and if necessary, do maintenance and repair. But I don’t want a worse product so some other DIYer has any easier time of it. If there was really a big market for DIY friendly phones, someone would be filling that demand. Probably someone is. But please don’t limit my choices for your right of repair. Please don’t restrict mfgrs’ ability to innovate with stupid rules. Make well thought out ones so I can still get what I want, and a DIYer can repair their own phones.
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  392.  @TheNicii  Whether the contract was voidable is something that should be resolved in civil court. In the meantime, the cops can take the goat to the court and say, “here, you hold on to it until the matter is resolved”. (Or they could have said, “we located the goat at the Napa Goat Center and they’ve agreed to take custody of the goat until the matter is resolved”. The police do NOT decide whether or not a contract is voidable or legitimate. That’s not within their authority. So those were at least two of the mistakes the Shasta County Sheriffs made. The course of events suggest that the county fair official made a false report. I would say that the sheriff’s detective that took the call made a mistake by not questioning the official about her report of a crime. That’s the third mistake, and I hope they prosecutor is looking into the false report (if one was made). This isn’t a case where the sheriff’s hands were tied, and the deputies had to follow the law. This is a case where, among other things, the sheriff’s department made very bad decisions and didn’t follow the law. They used “self-help”. The problem is compounded by the department not checking the report and not questioning the person making the report. Isn’t that what a detective is supposed to do? “What were the circumstances of the theft? Where was the goat stolen from and who stole it?” Are these not questions that normally get asked when there is a report of stolen property? I’m not going to give the sheriff’s department a pass here because “they were just doing their jobs”. They did their jobs poorly and not according to the law. I don’t think they’re the main culprit, but they are not far behind.
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