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I have some specific questions about contract law. Oregon,

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Hello Pearl, I have...

Hello Pearl, I have some specific questions about contract law

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Oregon, but the agreement is governed by the Laws of California

Lawyer's Assistant: Has anything been filed or reported?

I have a small claims suit pending currently

Submitted: 12 days ago.Category: Legal
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2/6/2018
Lawyer: legalgems, Lawyer replied 12 days ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 11,869
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 12 days ago

What is your question please?

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Customer reply replied 12 days ago
Pasting the clause I have a question about -- will send questions right after that8.3. Limitation of Liability; No Warranty. IN NO EVENT SHALL COINBASE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR COINBASE ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE COINBASE SITE OR THE COINBASE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COINBASE HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Customer reply replied 12 days ago
I need to understand limitation of liability as it relates to "negligence". Can a company limit their liability due to their own negligence?
Customer reply replied 12 days ago
Essentially due to the time it took them to resolve the problem (which is still unresolved) there are lost profits, which they specifically exclude. Need to understand if I have any recourse to that.
Lawyer: legalgems, Lawyer replied 12 days ago

Thank you for your patience; a business in CA may limit its exposure to negligence liability claims if the contract is determined by the court to be clear and explicit; then the court may determine that the plaintiff consumer assumed the risk. This is set forth in the following case:

Grebing v. 24 Hr Fitness USA.

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Customer reply replied 12 days ago
in this specific example, could I make an argument that the language is not "clear and explicit"? Are there any other possible arguments here such as not having had the ability to negotiate, unconscionability, etc.?
Lawyer: legalgems, Lawyer replied 12 days ago

Unfortunately per the terms of the site we can only provide information and cannot provide legal arguments, or a particular course of action.

The judge is the party that will determine if the language is clear and explicit based on his/her interpretation of that language.

Normally an ability to negotiate is not a defense unless one can argue duress but the burden is on the party making that argument, and it usually requires something outside of the party's control.

A contract can be void as against public policy, or if illegal as well.

Some defenses to contracts are discussed here:

http://www.courts.ca.gov/partners/documents/2011SRL5eADContract.pdf

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Customer reply replied 12 days ago
The whole reason I came on here was for strategy, so I guess we'll go ahead and end this for now then.
Lawyer: legalgems, Lawyer replied 12 days ago

Unfortunately that would require a fee agreement, conflict of interest check and a private forum and is beyond what I am able to provide on this site.

I do hope the information above was useful.

Thank you- take care.

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