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supergirl

join:2007-03-20
Pensacola, FL

reply to PolarBear03

Re: Law trumps Contracts

said by PolarBear03:

Contract law in the US states that any contract that violates a law is void. Thus, if the FCC makes a law that makes exclusivity illegal, then IMHO the exclusivity contracts should be void.

Example: Walgreens has a contract with Pfizer to buy X bottles of Viagra a month for $xx.xx. FDA does some research, and rules Viagra is unsafe, and thus illegal to sell or distribute. Does this mean Pfizer gets to keep selling Viagra to Walgreens and Walgreens gets to keep selling it to horny ol' Mr. Jones, just because they have a contract? Hell no.

If a contract contains an illegal act, it is void. Remember that when you hire a contract killer.

The cable co's are just bitching because they'll actually have to COMPETE for their business, instead of having it handed to them. Somebody call a whaaaaambulance.
If the contract is deemed "unconscionable", it doesn't have to be executed either. (The U.S. Supreme Court’s “shock the conscience test” (Rochin v. California, 342 U.S. 165, 72 S. Ct. 205, 96 L. Ed. 183 (1952)).

Uhh, if you hire someone to kill someone, sure the prosecution isn't going to buy the "void" contract baloney and send you to jail forever anyway.

As far as the Walgreens situation, Pfizer has to pull all the Viagra. The contract would not be void but considered consummated.
--
Saving the world keeps me busy. However, I find Earth very primitive from my home planet of Krypton.
-Supergirl


james

join:2001-02-26
CWCville USA

The point is that if you are hired to kill someone (or commit any illegal deed), you cannot be sued for not following through with your contract if you changed your mind. I'm sure this only applies to civil courts, since you'd likely still be charged with conspiracy unless you cut a plea bargain.


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