Recent content by CaelanPaige [deprecated]

The reason I haven?t focused as much on the claims in tort is because there is not enough information in the complaint to do a full legal analysis on those claims. While, for the claims in contract, we have all the information we need to resolve the issue. It will take some bit of speculation...

The intention of both parties entering into a contract is important, granted. However, Mr. Hernandez's intent is not important, because he is not a party entering into the contract that he is suing under. (or alternatively, the people he is suing were not parties to the contract that he agreed...

I'm not sure where you are finding within the language of this clause a clear and express intent to benefit third party players. Clear and express intent has a distinct legal meaning, that the contract directly states it in unmistakable terms. Look carefully at the language of the contract...

The law concerning intended third party beneficiary has elements that are required to be met for a party claiming TPB status to enforce a contract between two other parties. Although it is not necessary for a TPB to be directly mentioned in the contract, a direct and clearly expressed intent to...

Eleazaros, You are correct in your assertion that the EULA are the rules, but concerning those rules, it is necessary to point out that the parties who may enforce those rules are limited. If you employ a painter to paint your house, and he paints half of it and refuses to continue, I cannot...