Legal Question in Civil Litigation in Oklahoma
liability
Are waivers on the back of ticket stubs legal
Are waivers on the back of ticket stubs legal?
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1 Answer from Attorneys
Re: liability
Legal? of course. Binding upon you? depends upon several factors, and the outcome probably varies state by state.
The traditional analysis is that a customer is bound if he has actually read the terms of a putative "contract" and thereafter manifests his assent to the terms of the "contract." Some courts take the view that there is no contract if the form of the document (here, a ticket stub) is not in the form that a reasonable consumer would expect to contain a binding legal agreement. Thus, the traditional advice as to ticket stubs, coat check tickets, parking lot receipts, etc., is (1) don't read it, and (2) deny that anyone, much less you, should expect that such an instrument would contain terms of a supposed contract, of which you had no other notice, and to which you certainly would not have agreed had such terms been called to your attention....
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