Quote:
Originally Posted by advocate2
Grumpy,
Indemnification is a separate issue which deals more with guarantees. It is not relevant to the issues here. If you read my posts you will see that I never mentioned indemnification. I am not sure where you came up with the term.
Please consider this hypothetical.
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Ah, a key difference between US and UK law there I think. We call "covenants" indemnities. Covenants only seem to crop up for land law purposes. The rules about implied, express and (most importantly) the need to prove a financial loss still remain though. Although no doubt a qualified attorney will now jump in and prove me wrong...cue qualified attorney.
Whilst the Seller A and Seller B point is incredibly irritating for you and us all, I'm not sure it would impact upon any legal claim. The ultimate point is that FW made a statement and you relied upon it when buying your membership. If that statement turns out to be false then no doubt you, and lots of other people, will be considering your options.
However it looks like all FW said was "we'll give you an extra 15% off all ebooks at FW". And they're doing that. The fact that you thought they'd always offer the books that you wanted, at a cheaper price than B&N etc is only pertinent if FW made statements to lead you to think that.
As before I'm not a US corporate/commercial lawyer (it shows I know) and you shouldn't rely on anything I say.