[Mr. K]

HEY STUPID PEOPLE

THE AIRLINES SOMETIMES *NEED* TO MOVE A PILOT AND CREW

STOP PLAYING LAWYER

THEY HAVE EVERY “LEGAL RIGHT” TO REMOVE ANYONE FROM AN AIRPLANE FOR ANY REASON_ EVEN IF THE PILOT JUST DOES NOT LIKE THEM

[bigbob]

Several of us noted this in the original thread(s) the other day. The boilerplate language that you agree to when you buy a ticket uses specific language for just this reason.

[Fantasywriter]

I love the way the author limits the grasp of the issue to “thoughtful” people only. We have a lot of the other kind responding to this incident.

[E. Pluribus Unum]

Evidently if you turn into a screaming mee-mee you automatically win.

[confederatecarpetbag]

I heard United is adopting a new slogan:

“You are now NOT free to move about the cabin”

[Vendome]

So, the flight was not overbooked? Well, that check is going to hurt when he cashes it.

[samtheman]

A United Airlines spokesperson said that since Dr. Dao refused to give up his seat and leave the plane voluntarily, airline employees “had to” call upon airport security to force him to comply.

I love the use of the word "voluntarily"!!!

[samtheman]

[exnavy]

Change “United Airlines” to “Dr Dao Airlines” sounds like what is about to happen.

[minnesota_bound]

I wonder if those that support beating someone would say it was ok if it was them having their teeth knocked out and their nose broken.... because it is written!

[Political Junkie Too]

Any thoughtful person can see the problem that arises if an airline were allowed to legally remove one fare-paying passenger to allow for another passenger it prefers.

That is akin to "Kelo in the air."

In the Kelo v. City of New London decision, the Supreme Court concurred that it is a "public good" for a city to condemn private property for other private use if that alternative use generates more tax revenue for the city.

If an airline can eject a seated customer for another customer who paid more for the seat, then we have chaos in air travel since nobody can be sure that there will be a seat at the other end of their ticket.

-PJ

[Republic_Venom]

My contacts at UA told me that he’s been offered $10M. His lawyers rejected the deal.

[Political Junkie Too]

Is there any merit to the idea of an unenforceable contract in this case?

From Findlaw.com, Unenforceable Contract? 5 Common Errors

---

Unenforceable Contract? 5 Common Errors

By Aditi Mukherji, JD on August 21, 2013 8:47 AM

Under certain circumstances, a seemingly valid contract may be struck down as unenforceable. It can potentially happen even if both parties seemingly agree to all of the contract's terms.

Courts may refuse to enforce a contract for a number of reasons. So how does the law determine which promises are enforceable contracts and which are not?

Here are five common errors that can make contracts unenforceable:

1. Lack of capacity. A person must have the legal ability to form a contract in the first place. A person who is unable, due to intoxication or mental impairment, to understand what she is doing when she signs a contract may lack capacity to enter into a contract. In that case, the contract may be unenforceable.
2. Duress, undue influence, misrepresentation and fraud. Getting consent for a contract through sketchy ways -- such as coercion, threats, false statements (as well as misleading silence) and improper persuasion -- can render a contract unenforceable. The court may strike the contract down as unenforceable or the victim of the unfairness can void it.
3. Unconscionability. If the process of making a contract or terms in the contract are shockingly unfair to one party, then a court may deem a contract unenforceable. The court will look at whether a party had unequal bargaining power or difficulty understanding the terms (due to literacy or language barriers, for example), and whether the terms were inherently unfair.
4. Mistake. A contract can be found unenforceable because of the mistake of one party (called a "unilateral mistake") or both parties (called a "mutual mistake"). To be made unenforceable, the mistake must have been important and must have significantly affected the contract bargaining or performing process. Remember, failure to read the contract doesn't make a contract unenforceable or voidable.
5. Public policy. Some contracts are unenforceable because allowing such contracts could go against the goals of public policy -- namely, public health and safety. This includes contracts for illegal drug sales and sexual services, as well as contracts that bargain away employees' legally protected rights (like the right to unionize or to receive medical leave, for example).

---

Number 2, Duress, is a hard sell to make since nobody is putting a gun to an air traveler's head. However, in today's era of cheap air travel, people have a need to fly to different parts of the country and may feel that they have no choice but to accept the airline's terms in order to get to where they need to be.

Number 3, Unconscionability, is striking a raw nerve right now. Most people believe that the contract of carriage is 100% in the favor of the airline, and that the traveler has no say in anything if they wish to travel large distances. Travelers have no bargaining power against an airline that offers only company scrip as compensation or else they will call law enforcement to physically remove the customer.

Furthermore, consider the additional obligations that the traveler has made based on the contract with the airline. The traveler may have hotel reservations that will be missed, cruise ship reservations that might be missed, family engagements, entertainment tickets, etc., that might be voided because the airline did not honor their contract to transport the customer.

-PJ

[4Liberty]

Pay $2K to liberate seat w happy customers.

VS

Pay $10 Million to liberate seat w bashed-in customer face and angry public.

tricky choice...........

[freepersup]

4th Grade Math Problem # 1

Suzy’s father is a pilot on an airplane and it has 80 empty seats.

80 paid customers are standing in the pre-boarding line.

The airline owner/operator wants to put 4 of it’s employees on the flight.

How many passengers should the airline let on board the airplane?

Hint: 80 - 4 = ?

[jim_trent]

Too bad so many people on this website don’t believe in capitalism.

They seem to think that it is OK to use extreme force on their customer instead of just negotiating something fair. No one has the right to bust another persons face up unless it was in self defense. This was clearly NOT the case here.

BTW, they would have gotten a lot more interest if they offered spending money instead of funny money.

[GizzyGirl]

Had it been military personnel who needed a seat, I’d have given my seat up for free! Not sure if it was airline personnel... I respect them, I listen and do as instructed, but it would have taken the fate of the lottery to get me off. And if in the chosen four, I’d go... most likely fighting tears but I’d go. I just think he should have gone...

[alternatives?]

To all the actual and amateur lawyers posting:

* Given the treatment of the GM and Chrysler secured bondholders

* Given sanctuary cities are widespread

* Given illegal immigrants are eligible for in state tuition

* Given a baker has to bake a particular type of cake with a particular message

How can you be comfortable opining on any law? Particularly contract law?

[ozaukeemom]

I bet it would have cost a lot less to just charter a plane for those “important” crew members.
I am sorry but if I have paid for and am sitting in the seat, it should become my choice whether to give it up or not. I have volunteered before. But, it is always based on my convenience. If I have to be at work the next day, not going to happen. A wedding, nope, not giving it up. Funeral, you get the picture. I have purposely scheduled flights in order to be open to volunteering. Once, on an over booked flight, I gave my seat to a little girl going home. I would have done that one for free. lol
Piss poor planning on the airline’s part does not constitute an emergency on my part. They had other options.

[Hot Tabasco]

Interesting take........

With that being said, in a video I saw which hasn't gotten much play, it showed them going after him in the seat, his subsequent screaming and after they got him into the aisle, he appeared to be knocked out cold with his glasses broken and face bloodied as they started to drag him down the aisle with no struggling on his part........

It should also be noted that he had not been removed prior to this beat down.........this was the beginning of it all.