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Originally Posted by DawnFalcon
No, it wasn't. You're simply a troll assigning the worst possible values to anyone's actions. It won't be a surprise to anyone reasonable that sometimes the sources people have can't be disclosed.
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It wont also be a surprise to anyone reasonable if everyone takes the claimed "evidence" with a grain of salt unless and until the person claiming the evidence backs it up.
Also, any reasonable person would simply not mention any supposed evidence they have if they are unwilling or unable to reveal the source.
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Originally Posted by DawnFalcon
You've also managed to spin yourself into a corner. Those terms are allways unfair. The only defence is that they can try and argue that they're not actually the same as the unfair terms, if the terms are indeed those in that list then they are unfair - period. And note that it dosn't mean other terms cannot be (and are often are) ruled unfair, but there are possible arguments against them being unfair. More, the contract would need to be revised based on both the advertising (which has created a "reasonable expectation", in law) and the T&C's. One does not exclude the other from being an issue.
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"The only defence is........"
Exactly!
Just as simply because one is charged with murder does not mean one is guilty of murder. A dead body does not automatically mean a murder has occurred. The fact one person kills another does not mean a murder has occurred. It requires that it be argued out in court where all the evidence is considered and the defence is considered and a decision is made.
They don't come knocking at your door and say "DawnFalcon, is this murder or not?" and go with that.
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Originally Posted by DawnFalcon
And your persistant insistance that something is legal simply because there is no court ruling against it is frankly sad, especially in a civil legal system not set up to proactively hunt violations.
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And you claim to understand the law!
Here's how it works.....
An act is assumed to be legal until it is proven to be illegal. Not, it is assumed to be illegal until proven legal. The burden of proof, even in civil law, is upon the complainant. And without a complainant no case will even be made.
Cheers,
PKFFW