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Privity of contract: Difference between revisions
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Sniffily, the industry’s response was some [[boilerplate]] language explicitly purporting ''not'' to confer such a benefit, therefore rendering the [[CRTPA]] a dead letter even on its launch date. To this contrarian, that seems to be a pity, and a missed opportunity. But there you go; hey ho. | Sniffily, the industry’s response was some [[boilerplate]] language explicitly purporting ''not'' to confer such a benefit, therefore rendering the [[CRTPA]] a dead letter even on its launch date. To this contrarian, that seems to be a pity, and a missed opportunity. But there you go; hey ho. | ||
===Royalty, Epstein and settlement agreements=== | |||
[https://www.bbc.co.uk/news/uk-59861831.amp In other news], this is interesting, and raises an interesting, subtle legal point. | |||
{{Quote|Roberts agreed to “release, acquit, satisfy, and forever discharge” Epstein and “any other person or entity who could have been included as a potential defendant”. | |||
The settlement’s wording says she discharges “potential defendants” from any US legal action, including damages claims dating “from the beginning of the world”. | |||
“It is further agreed that this Settlement Agreement represents a final resolution of a disputed claim and is intended to avoid litigation. This Settlement Agreement shall not be construed to be an admission of liability or fault by any party.” | |||
::—BBC news}} | |||
We make no remarks, and cast no aspersions, but note only that this release, if enforceable, would be binding against Roberts by Epstein and arguably Epstein’s estate, but not, directly, by Andrew, as he has no contractual “privity”. He provided no consideration for Roberts’ agreement. It may not strike out the tort claim itself, but it may be interesting evidence when assessing the quantum of Roberts’ damages claim, though, in that (again, making no statement about the merits or morality of the situation) it indicates Roberts accepted, and therefore agrees, that $500,000 fully compensated her for her grievance and, therefore, she has not suffered a loss at any other person’s hands. | |||
{{sa}} | {{sa}} | ||