Why don’t companies just say “you can’t sue us” in their TOS?
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There as once a company that claimed they would own your immortal soul if you breached the TOS. It claims it was contacted by numerous people who wanted to buy their souls back.
Because it’s the government that describes what people can and can’t do. If something breaks the law and commits a crime then the government can decide to put them in jail. If somebody does something wrong, but it isn’t necessarily a crime, the government can tell them to pay money to make things right in a lawsuit in civil court.
Some things are just not allowed according to our government.
For example, if two people at a bar mutually decide to fight. The fighters can be arrested weather they like it or not because punching people is illegal. It doesn’t matter that they both agreed to it.
You can’t burn your own house down either. Sure, it’s your house… But that doesn’t mean that it’s your right to burn it down and expose your neighbors to the risk of having their houses burned down.
When it comes to terms of service and other agreements between individuals and companies there are some things that just aren’t allowed.
If a company technically doesn’t allow their employees to steal information from their clients, but also doesn’t do anything to punish their employees when it happens then you can sue because your data was sold and it’s not your fault. Courts don’t care what the TOS says because the company is at fault.
Or another example
For example, if you signed a paper at 6 flags saying “I will not sue you if your equipment breaks down”… And a screw comes loose killing you on a ride… Well you might have signed that agreement but your wife didn’t. And now your wife is unable to support herself because you were the only worker in the home. She can sue for wrongful death.
Imagine that you own a house cleaning business.
In your contract, you have a clause that says not responsible for missing property.
This does not give you the right to steal from their home. It’s still theft, it’s still illegal.
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