Taxi Drivers Protest
- Thread starter SkyRider
- Start date
OK, I carpool with a co-worker, and every few days he drops $10 on the seat, or buys me lunch for the wear and tear on my car and gas consumption.Let's get semantics out of the way: if you accept payment to drive somebody, and you have an agreement that they will pay you in exchange for the ride, that is just like Uber.
Here is the definition: an agreement, including implied agreement, to provide a good or service in exchange for payment.
No agreement has ever been discussed, even implied, at all, ever. He just started doing it because he is a stand-up guy. Is that a "commercial transaction"?
PS: I like how you ignored the double-double analogy.
Uh oh!!! That is a commercial transaction according to the omniscient fooj... better make note of it, lest I face the wrath of the CCRA.You engage in coitus with your wife/GF and give her a bottle of perfume.
If no agreement exists, not even an IMPLIED agreement, then it is not a commercial transaction. However MOST carpooling includes a formal agreement to pay.OK, I carpool with a co-worker, and every few days he drops $10 on the seat, or buys me lunch for the wear and tear on my car and gas consumption.
No agreement has ever been discussed, even implied, at all, ever. He just started doing it because he is a stand-up guy. Is that a "commercial transaction"?
PS: I like how you ignored the double-double analogy.
To have a commercial transaction you must have a contract, even if only implied, involving an agreement to deliver a good or service in exchange for valuable consideration, usually money.
Your friend donating money you neither expected nor required does not meet the test. An agreement to pay $10/day for a ride in a carpool would certainly meet that test.
Your other examples lack sufficient detail to determine whether an implied contract exists.
What? There is no such thing as an "implied agreement"Let's get semantics out of the way: if you accept payment to drive somebody, and you have an agreement that they will pay you in exchange for the ride, that is just like Uber.
Here is the definition: an agreement, including implied agreement, to provide a good or service in exchange for payment.
If I "imply" I might give you something for driving me somewhere I can A) legally give you jack shit or B) give you something else than what we originally discussed
Your posts keep going into Waco country
Yes there is, and it is fundamental to commercial law.What? There is no such thing as an "implied agreement"
Classic example: you walk into a store and pick up a carton labeled "milk". You hand the clerk the price printed on the box, and leave.
There is an implied contract of sale even though you signed nothing, and it is a fairly complex contract that gets loaded up with many default terms and conditions binding both parties.
For example, you have a contractual expectation that the carton contains milk, that it is safe to drink, and that it contains the percentage of fat printed on the label.
Even if you didn't get a receipt the implied contract has terms and conditions around the price you paid, how much it is, including how much is tax, and including the expectation that you pay in full. If it turns out that unknown to you, one of your bills is counterfeit, that implied contract compels you to return and pay balance owing, even though the clerk unknowingly accepted the fake money and you left. The implied contract of sale assumes the posted price and requires you to pay, regardless of the amount you put on the counter.
That is an implied agreement. They can be simple or complex but they certainly do exist and they are created by you many times a day as you go about your ordinary activities.
That particular cases claim was denied because what he asked for was insaneThat first Uber X accident happened a while back last summer, the matter is in the courts right now as his insurance company has denied the drivers claim, For anyone that uses Uber X as a customer if the driver does not have commercial insurance which I believe they all don't have it and cost would be way too high for them to do have that type of insurance, if you do get into an accident and need to file a claim through insurance you should know that your claim will be denied by the insurance companies.
Even if he was not an Uber driver he would still need to go through courts
In addition to normal stuff like car replacement check out his laundry list for chiro, rmt & accupuncture, guy wants to basically never work again since he was in an accident
It is no longer "implied" when you hand someone money...Yes there is, and it is fundamental to commercial law.
Classic example: you walk into a store and pick up a carton labeled "milk". You hand the clerk the price printed on the box, and leave.
There is an implied contract of sale even though you signed nothing, and it is a fairly complex contract that gets loaded up with many default terms and conditions binding both parties.
For example, you have a contractual expectation that the carton contains milk, that it is safe to drink, and that it contains the percentage of fat printed on the label.
That is an implied agreement. They can be simple or complex but they certainly do exist and they are created by you many times a day as you go about your ordinary activities.
As I clearly stated in my first response to you if I "imply" I will pay you I have no legal obligation to do so, even if you hand me the goods
That's why there are all sorts of other factors (eg signing a contract, exchange of something of value, signing under seal, meeting of minds) that are required to make it legal
EDIT- and there certainly is no "contractual obligation" as to the contents of the milk carton in your example; that would fall under another act
Unless you think somehow I am able to sue the store who sold me the milk. They never produced, packaged, purified, or shipped the carton
Yes it is.It is no longer "implied" when you hand someone money...
And yes, if you paid the store for milk, and got water, you can expect the store to exchange your purchase for actual milk or refund your money.
Back to original thread about Taxi drivers being scum; anyone else see Montreal is now enforcing dress codes on their taxi drivers in addition to cab cleaning requirements?
Can anyone explain to me why Toronto can not do something similar here?
Can anyone explain to me why Toronto can not do something similar here?
There are many source of contract law should you wish to familiarize yourself with themYes it is.
I will give you one very common example that happens every single day in Toronto
You list your property for sale
Simply telling you I would like to buy & giving you cash (or cheque) does NOT create a binding agreement (regardless of how you think it is implied)
Actually store policy can DENY you an exchange/refund dudeYes it is.
And yes, if you paid the store for milk, and got water, you can expect the store to exchange your purchase for actual milk or refund your money.
EVEN if product is defective in some way
They can legally tell you to take it up with supplier
Usually won't since PR nightmare but totally legal
Here just for you:
http://www.ontario.ca/page/returns-exchanges-and-warranties-ontario
Now you know
And knowing is half the battle
You can blather away all you want. You are wrong. You are literally making things up as you go, demonstrating to all that you are willing to talk authoritatively when you actually know bloody nothing.There are many source of contract law should you wish to familiarize yourself with them
I will give you one very common example that happens every single day in Toronto
You list your property for sale
Simply telling you I would like to buy & giving you cash (or cheque) does NOT create a binding agreement (regardless of how you think it is implied)
http://www.ontario.ca/laws/statute/90s01
Sale of Goods Act, R.S.O. 1990, c. S.1
Contract, how made
4. Subject to this Act and any statute in that behalf, a contract of sale may be made in writing, either with or without seal, or by word of mouth or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties
lol ok now try reading the first 3 parts BEFORE part 4You can blather away all you want. You are wrong. You are literally making things up as you go, demonstrating to all that you are willing to talk authoritatively when you actually know bloody nothing.
http://www.ontario.ca/laws/statute/90s01
Sale of Goods Act, R.S.O. 1990, c. S.1
Contract, how made
4. Subject to this Act and any statute in that behalf, a contract of sale may be made in writing, either with or without seal, or by word of mouth or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties
Oops you did it again
Freaking hilarious you even linked the page that shows you were wrong
The part I bolded discusses makes implied contracts real contracts, idiot.lol ok now try reading the first 3 parts BEFORE part 4
Oops you did it again
Freaking hilarious you even linked the page that shows you were wrong
Yesterday, I had to go to a computer store carrying a large desktop. I contacted Uber and the driver hopped out of his car, opened trunk and carefully laid it down properly. Very polite and friendly. At destination he again got out of the car and lifted the desktop our gently for me.
Coming back from the store, my cell phone was dead and so I could not call Uber and called Beck from the store. The driver didn't bother to park close to the store, which he could easily have done, he didn't open the trunk until I rapped on the trunk lid, he never got out of his car and he was barely civil.
Uber was only a couple of dollars cheaper, and the Uber driver tried to refuse my little tip.
Guess who I'll be using the next time I need a cab?
Coming back from the store, my cell phone was dead and so I could not call Uber and called Beck from the store. The driver didn't bother to park close to the store, which he could easily have done, he didn't open the trunk until I rapped on the trunk lid, he never got out of his car and he was barely civil.
Uber was only a couple of dollars cheaper, and the Uber driver tried to refuse my little tip.
Guess who I'll be using the next time I need a cab?
That's what happens when you have had a monopoly on transportation for decades: you don't give a damn about the consumer.Coming back from the store, my cell phone was dead and so I could not call Uber and called Beck from the store. The driver didn't bother to park close to the store, which he could easily have done, he didn't open the trunk until I rapped on the trunk lid, he never got out of his car and he was barely civil.
I find Uber to be so much better than taxis, I'll never take a taxi again. The cars are cleaner and smell better, the drivers are far more polite/helpful and I can actually understand them, and the service is much more convenient. I also find UberX to be much cheaper, clocking in at around 55% of what I've paid to taxis in the past for the same route. I've never seen their surge pricing go over 2x except on special occasions, and considering two times their normal rate is pretty much equal to a taxi's cost, I'll gladly pay that.
