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#1
06-11-2007, 01:16 PM
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Re: Mr. Gatorade’s Lies cost me over 70k at Full Tilt
[ QUOTE ]
False. In addition to anything else, there's (sorry, legalese) an implied covenant of good faith an fair dealing attached to the T&C. Proving a violation of this is tricky, but taking your money and not really telling you why (if that's in fact what happened. And no "you be botting" is not really sufficient, IMO) is arguably a breach of this covenant. [/ QUOTE ] The implied covenant of good faith and fair dealing is a California legal theory that hasn't been adopted by other states and had even been statutorily modified in California. If it's not within the "four corners" of the contract, then it is not there, period. There are many more applicable legal doctrines than this extremely questionable one. If you cheat and they catch you, deal with it. If you didn't cheat and they wrongly catch you, then it is on you to prove that you didn't cheat. For $70,000 I'd be doing more than posting on a forum (that is if I was innocent!). 
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#2
06-11-2007, 02:56 PM
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Re: Mr. Gatorade’s Lies cost me over 70k at Full Tilt
[ QUOTE ]
[ QUOTE ] False. In addition to anything else, there's (sorry, legalese) an implied covenant of good faith an fair dealing attached to the T&C. Proving a violation of this is tricky, but taking your money and not really telling you why (if that's in fact what happened. And no "you be botting" is not really sufficient, IMO) is arguably a breach of this covenant. [/ QUOTE ] The implied covenant of good faith and fair dealing is a California legal theory that hasn't been adopted by other states and had even been statutorily modified in California. If it's not within the "four corners" of the contract, then it is not there, period. There are many more applicable legal doctrines than this extremely questionable one. [/ QUOTE ] This is incorrect. Off the top of my head the CGFFD is applicable in Alaska, Minnesota and Colorado as well. Similar but related is that an interpretation of the T&C that gives FTP unlimited discretion to seize player funds is unenforceable due to illusory consideration.
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