May 3, 2008
I have a civil engineering degree, Concordia University , Montreal 1968, and I had worked as a Remax Realtor in Calgary too but in my decades of real life experiences in Canada the still too often unenforced existing laws, regulating societies, governments clearly did not stop many Realtors, lawyers or even now Bell Sympatico from telling lies to the customers, others. http://thenonconformer.tripod.com/index.html
Imagine that Bell has been in Business for years and is still guilty now clearly of fraudulent and unacceptable business practices, not living up to their contractual obligations, as I now have witnessed and undeniably detailed to even Bell and many others many times too now .
Intro I have been disscussing, detailing on the net Bell’s indequate pretentious, poor services, internet and customer services and specific included now for many many months.. even in October 2007 http://thenonconformer.blogspot.com/2007/10/choosing-cable-or-dsl-internet-service.html also see my letter below Friday, October 19, 2007 To my MP Paul Martin MP- Using our rights to communicate with our elected representatives, news media. http://thenonconformer.blogspot.com/2007/10/to-my-mp-paul-martin-mp.html http://thenonconformer.blogspot.com/ … it is not the ISP’s job to become the Big Brother police of the internet and world wide web, and it such is a serious breach of freedom of speech, invasion of one’s personal privacy still too, they the ISPs are there to provide a good, decent, reliable high speed service thus the term Internet Service Provider, some thing that Bell Sympatico in Canada clearly and wrongfully has not be able to do for me often too.,, as you can read on this site often too. This Unauthorized bell watchdog needs to firstly look at itself and deal rightfully even firstly with it’s much too many customer contract violations, abuses and ASAP even in reality.
Next here is basic legal, valid understanding, terms of a valid contract, contract law for all of the Bell employees too. Not just for any customers.
Bell has definitely detailed, advertised it’s Internet services to all with their terms, limitations and any customers who enters into mutually agreed upon terms, agreement with their services now forms the essential mutually legally binding contract.
1: A contract is a legally binding exchange of promises or agreement between competent 2 parties, persons of legal age too, that the governmental court, the law of the state or province , or country next will enforce. Contract law is based on the Latin phrase pacta sunt servanda (pacts must be kept). Anyone can enter into a contract, except minors, certain felons and people of unsound mind. It’s important to know that not all contracts details even have to be in writing., for instance, certain agreements can also be made and accepted orallly and still be legally enforceable. While the contract agreement doesn’t always have to be in writing, all the other elements of a valid contract still have to be met, included, , fulfilled by law. The bottom line is that the parties generally come to transactions in good faith, mutually trust and understanding, and not a one way approach, one way demands, one way relationship.All valid courts, will not enforce, accept as valid any contract to perform an accepted illegal act. A contract to kill some is invalid clearly too. A person who pays for bad drugs that aren’t delivered can’t next seek the help of a court or the police in getting the money back. Unbelievable some people still do try to do this too.
A valid contract also always requires the mutual parties’ consent, which must be freely made, not forced consent, and clearly communicated to each other. Consent is not free when obtained through duress, menace, fraud, lies, undue influence or mistakes, serious errors were presented. Consent isn’t mutual unless the parties agree on the same thing in the same sense, a clear “meeting of the minds. One party now presenting only their own their terms, conditions, without the other parties approval, consent, free will clearly is still not a valid contract. In order for an acceptance of an offer to be effective, it must be made while the sales, specific, fixed service offer is still open. Any person can changes the conditions of an initial offer in responding to the offer, the old offer is clearly now rejected and the changed conditions constitute a counteroffer and that now becomes part of of any subsequent agreed upon contract. I did that with Bell now too. Once there is next a final, written contract between the parties, the parol evidence rule forbids the introduction in a court proceeding of any previous agreements between the parties on the subject matter of the contract.
Only certain contracts aren’t valid unless in writing. Generally, they do deal with real property, certain specific loans, debts, money exceeding a certain amount, or contracts concerning the sale of goods worth more than $500 or one that include objects that won’t be performed within one year or within the promisor’s lifetime. Bell now being unable to supply me a promised high speed internet but only a low speed one is still a good example of an invalid contract even if was a written one originally from Bell.
2: The Specific parties. The contract must always include, identify who the agreed upon specific parties are; usually names are sufficient, but sometimes addresses or titles may be used. Bell and the specific customer. Me in this case.
3: The agreed upon object. The Offer, the thing, the value, the services being agreed to is also known as the object or subject and it itself not only must be lawful, possible but it must be a definite, fixed, measurable amount specially now even by the laws of Quebec too. For instance Bell promising to deliver a customer a 6 meg download high speed internet service, where they know they only have a 3 meg line capacity is not legal or legally binding contract. Bell promising to supply their” best services “or “up to 6 megs services” is not legal as well for it is is not really an agreed upon fixed object, rather the object is not definite and most customers have take that to mean 6 megs anyway. . The object of the contract does have to be very specific and measurable. It is Bell obligations now to to clerk up any ambiguity on the contract as agree upon by the comer now too. So if Bell promising a 6 megs internet services, and Bell by law next has to deliver 16 megs to meet their promise that is also now part of the contract too. A specified length of time, such as one year does not mean the contract is still valid if Bell has not lived up to the agreed upon previously contract terms.
4: The outcome, or the considerations. All contracts require consideration, meaning each party must gain something fixed, tangible. It may also be something that is or isn’t done or given. When a party agrees to do something (such as I will paint your house) or to not do something (I will not sell my house to anyone else for 30 days) they next also must gain something in return toy make this a valid contract, they must receive agreed upon fixed payment, a fixed reward. Generally, if I say I’ll paint your house, and you haven’t promised me anything in return, you can’t sue me next for not showing up because I will not receive any consideration firstly”. Once a contract has been created, it can be determined if there are any issues that call into question of its validity too.
5: Termination of contracts. Breach of contract. Breach of contract is recognised by the law with applicable penalties now too. Contracts generally can only be terminated if mutually agree now by both parties as to what the terminations terms included. Parties to a contract may mutually agree to rescind the contract. In that case, the parties may agree on the duties and responsibilities of each party after the rescission. Bell still expecting me to pay for their internet when they do not keep their promises is a breach of the contract, an invalid demand of me. Now is the contract price set, are promised quantities specially determined, and is the time for performance clearly stated? There should be enough information contained in the contract always that, if needed, the courts likely next would be able to enforce the contract or determine the appropriate damages. Unless it is mutually agreed upon before any subsequent court demanded decision action, is taken. Fraud is the intentional misrepresentation of an important issue of the contract. The presence of fraud in a contractual proceeding makes the contract voidable by the party upon whom the fraud was perpetrated. The contract always still now binds both parties, and not just the customer to the terms, conditions of the contract agreed upon now as well. Once it is determined that there is a contract, it it still can, must be determined whether there are any defenses that call into question the validity of the contract.
Bell Changing horses, making changes, additions to the contract in midstream is invalid, a breach, still not allowed, especially without the subsequent, and pre consent, approval of both parties now still too and is a breach of contract rather. That includes Bell capping of my bitt torent downloads too on my unlimitted download account.
Yes a Bell contract also may end because of a breach by Bell. A breach occurs when a person, or a firm does not fulfill his or her, their responsibilities as promised in the contract. A breach may be minor or major. A major breach is one that does affect the subject matter of the contract and does affect the outcome of the contract. Bell not having sufficient equipment, capacity in place to meet my high speed internet, is a breach of contract. This is also known as a breach of a material issue. When there has been a breach in a contract, the question of damages is raised. The damages due to a party when there is a contract breach depend on many factors, including: which party breaches, and what damages were incurred. In most cases when an injury results from a contract breach, the injured party receives money damages. Such as I have in Dec 2007 from Bell. Bell itself has unacceptably cause now in the last 2 years many unacceptable breaches in our contract that I have clearly even in writing not accepted and have objected too and demand restitution of as well rightfully.
Go back to a good school firstly Bell if you cannot understand and keep all of this now too.
“Despite precedents that show that contracts substantially favoring the party with the greater power often are deemed unconscionable (so unfair as to not be enforceable), lawyers stiff draft them and companies still like them. Lesson learned: Make deals that are balanced; contracts that distribute risks and responsibilities fairly. Such deals will be honored by courts and your businesses wealth and reputation will benefit over the long term. ” http://troutmanhays.wordpress.com/2008/03/23/one-sided-contracts-are-a-bad-deal-for-all-parties-or-getting-greedy-will-get-ya/
” The most common method used to resolve business contract disputes and enforce contracts (if informal resolution methods fail) is through lawsuits and the court system. If the amount at issue is below a certain dollar figure (usually $3,000 to $7,500 depending on the state), the parties may be able to use “small claims” court to resolve the issue. Courts and formal lawsuits are not the only option for people and businesses involved in contract disputes. The parties can agree to have a mediator review a contract dispute. The parties are not bound by a mediator’s decision, but may be convinced to avoid a costly court battle by how the mediator rules The parties can also agree to binding arbitration of a contract dispute. In arbitration, a neutral party listens to the arguments from both sides and issues a decision that is binding on the parties. This is cheaper and less time-consuming than a court battle.
When attempting to enforce a contract, an individual or business should always consider the effect any dispute will have on any long-term business relationship between the parties involved. ”
What started as a simple phone call by me in January 2007 to Bell tech help line to determine why my internet services were so slow and sluggish next had become a major farce, cover-up on the part of Bell Sympatico. I was next lied to for months as to the real reasons Bell they rather had offered me their poor internet services to me and to many others in my city for years now too.. and then Bell had even lied to me some more, had also breached their contractual obligations to me many times too, had allowed me even to be slandered, abused on the Bell customer forums now too.. and why? so that clearly greedy Bell can continue stay in business to make more money..
Why does it take months to reply to me on my simple issues too. I keep on getting transferred also to invalid persons, telephone numbers at Bell even today.. Mrs Fernandez and ’s Useless Supervisor Mrs Fernandez of Bell’s useless Sasha Rollins needs to be replaced now too Immediately..
But really cares now about the customer’s good welfare in reality? now? What not Bell itself, not the CRTC, not the federal government, not our Prime Minister Stephen Harper, not the the federal Minister of Consumer Affairs, Jim Prentice.. not any provincial consumer affairs Minister, but only the citizens, the news media, and the NDP party care about the citizens good welfare really it seems. Not acceptable for sure too!
PS p2pnet traffic shaping digest The folks who run Bell Canada figured they could get away with “managing” clients’ bandwidth without their permission, and without them noticing. They were dead wrong on both counts. Here’s a set of p2pnet stories on the Bell Canada traffic throttling scandal. It’s a work in progress with regular updates.
Canadian opposition leader Stéphane Dion should support the National Union of Public and General Employees (NUPGE) campaign for government action to protect Net neutrality in Canada, says the union. “On behalf of the 340,000 members of the National Union, I am asking the Liberal Party of Canada to take a clear stand in support of seeing the principle of net neutrality enshrined in Canadian law,”