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  1. #31
    Senior Member durentu's Avatar
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    From the article:

    “I lost everything,” she says. “I want others to know what a big corporation has done. I trusted Rogers [phone company] with my personal information. We had a contract — and agreement that put my life right in their hands.”
    She has no case. The agreement was for the cell phone service, not to protect her life. It was her own damn fault to open the door to these problems. The company is not liable for her actions, only to provide that service. The husband walked, no problems there. Her privacy claim is just bogus.

    She just wants all the pleasure and none of the consequences. Lady, get real.
    "People often say that this or that person has not yet found himself. But the self is not something one finds; it is something one creates." - Thomas Szasz

  2. #32
    I am Sofa King!!! kendoiwan's Avatar
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    Quote Originally Posted by EffEmDoubleyou View Post
    Actually, it's not different at all. You admit yourself that the phone company probably didn't know they weren't roommates. Isn't that the crux of the issue? The phone company combined the accounts of people with different surnames but the same address. That's a breach of privacy.

    But she is extending that to hold them liable for the break up of her marriage as if her behavior had nothing to do with it. I don't think it'll hold up.

    I don't know where you are getting the idea that when you are married you are legally the same person. Does that mean that if I'm married and my wife has a driver's license but I don't I can drive? Does it mean that if I'm a doctor my wife can prescribe medicine? If my wife is convicted of a crime, do I go to jail? Your argument doesn't hold up.
    Marriage is a union were two legally become one. Right lawyer man?!

    It actually used to be the case that you could be convicted of your spouses crime, but the law change over time.

    edit:
    Under common law, a husband was held responsible for any crimes committed by his wife against a third party. Although a wife had responsibility for crimes she committed, there was a legal presumption that her husband compelled her to perform any act she undertook when he was present. Today, husbands and wives are equally liable for their own criminal actions.
    Husband and Wife legal definition of Husband and Wife. Husband and Wife synonyms by the Free Online Law Dictionary.
    http://www.typologycentral.com/forum...ml#post1161526

    "They the type of cats who pollute the whole shoreline. Have it purified. Sell it for a $1.25"

  3. #33
    Senior Member Lateralus's Avatar
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    Quote Originally Posted by kendoiwan View Post
    Not IMO. She was married, therefore has no right to the expectation of privacy from her husband. They mailed a bill to their home he opened it, she got busted. Sure they may have made an administrative error by bundling her account to the rest of the households bills, but seriously to use that as grounds to hold them responsible for her husband leaving. Bit of a stretch to me.

    It amounts to her saying "I was doing such a good job cheating that he would've never found out if it weren't for you guys, and your dog too." If I had to bet the courts will rule something to the effect of, "if you weren't doing anything you weren't supposed to this wouldn't be an issue. Tough titties."
    It was a breach of privacy. Her husband had no access to her account. The fact that she cheated on her husband is actually irrelevant when determining whether or not the company was at fault. $600,000 is probably excessive, but that doesn't mean she wasn't wronged.
    "We grow up thinking that beliefs are something to be proud of, but they're really nothing but opinions one refuses to reconsider. Beliefs are easy. The stronger your beliefs are, the less open you are to growth and wisdom, because "strength of belief" is only the intensity with which you resist questioning yourself. As soon as you are proud of a belief, as soon as you think it adds something to who you are, then you've made it a part of your ego."

  4. #34
    I am Sofa King!!! kendoiwan's Avatar
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    Quote Originally Posted by MacGuffin View Post
    IMO you shouldn't use "IMO" and "legally" in the same sentence.

    IMO using "IMO" doesn't mean you get to rewrite reality.
    Are they not legally married and there for recognized as one entity under the law with few exceptions? Yes they are, it is a fact. The opinion part is "will the court recognize her claim?" I don't think so based on the fact of their marriage. That's not rewriting reality. The court hasn't ruled. Reality hasn't been written yet.
    http://www.typologycentral.com/forum...ml#post1161526

    "They the type of cats who pollute the whole shoreline. Have it purified. Sell it for a $1.25"

  5. #35
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    Quote Originally Posted by Lateralus View Post
    It was a breach of privacy. Her husband had no access to her account. The fact that she cheated on her husband is actually irrelevant when determining whether or not the company was at fault. $600,000 is probably excessive, but that doesn't mean she wasn't wronged.
    Her husband was "wronged" too. If she wins, he should sue for the exact amount she is awarded.

  6. #36
    Senior Member Lateralus's Avatar
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    Quote Originally Posted by marmalade.sunrise View Post
    Her husband was "wronged" too. If she wins, he should sue for the exact amount she is awarded.
    Half
    "We grow up thinking that beliefs are something to be proud of, but they're really nothing but opinions one refuses to reconsider. Beliefs are easy. The stronger your beliefs are, the less open you are to growth and wisdom, because "strength of belief" is only the intensity with which you resist questioning yourself. As soon as you are proud of a belief, as soon as you think it adds something to who you are, then you've made it a part of your ego."

  7. #37
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    Quote Originally Posted by Lateralus View Post
    Half
    Hmm, no. She was at fault here.

    Since according to you they can't share phone bills, I don't see why they should share the money...particularly in light of current circumstances.

  8. #38
    Senior Member Lateralus's Avatar
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    Quote Originally Posted by marmalade.sunrise View Post
    Hmm, no. She was at fault here.

    Since according to you they can't share phone bills, I don't see why they should share the money...particularly in light of current circumstances.
    It would be part of the divorce settlement. Infidelity is grounds for divorce, but that doesn't mean the offending partner loses everything and is forced to live under a bridge.
    "We grow up thinking that beliefs are something to be proud of, but they're really nothing but opinions one refuses to reconsider. Beliefs are easy. The stronger your beliefs are, the less open you are to growth and wisdom, because "strength of belief" is only the intensity with which you resist questioning yourself. As soon as you are proud of a belief, as soon as you think it adds something to who you are, then you've made it a part of your ego."

  9. #39
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    Quote Originally Posted by Lateralus View Post
    It would be part of the divorce settlement. Infidelity is grounds for divorce, but that doesn't mean the offending partner loses everything and is forced to live under a bridge.

    If she was awarded money, that would be extraneous. It isn't part of their original marital assets.

    It's funny to me that you're arguing against him opening her mail or sharing bills, but that you want them to have equal money.

    It seems like pretty illogical thinking to me.

  10. #40

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    Quote Originally Posted by kendoiwan View Post
    But she is extending that to hold them liable for the break up of her marriage as if her behavior had nothing to do with it. I don't think it'll hold up.
    And I made it clear that while I think the phone company definitely did something wrong, it has no relevance to her divorce. The company's breach of its privacy responsibilities and the subsequent relevance to her divorce are issues to be judged separately.

    Marriage is a union were two legally become one. Right lawyer man?!
    Yes, in specific legal situations. And to the best of my knowledge, this is not one of them. In the USA you can file a tax return separately even though you are married...is that not true of Canada as well? That would pretty much end any argument that you're legally the same person.
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