回复:一件非常麻烦的事

来源: 2004-06-14 11:06:25 [旧帖] [给我悄悄话] 本文已被阅读:
Although I would like to adivse you that you honor the contractual obligations, I have to mention some critial points regarding this case in addition to the juridictional issues pointed out by Scoopydoo. If you did not make any statement that would be considered admission that you did breach the contract, it would be difficult for the company to prove (1) you drived rental car out of state of california; (2) it was you who was driving the car or someone with your consent; (3)it might be unconscionable to insert such high penalty clause and then install a surveilance equipment to monitor your behavior; and (4) even if they can establish the former two points, you may have a defense based on your federal and state constitutional right of privacy (they put a surveilance equipment without your knowledge and violated such fundamental right). My advice is to have someone who knows how to communicate in legal language, such as your friend (my guess is that you are reluctant to hire a lawyer), negotiate with the rental company, and get a better deal. Based on what you said, I believe they would want to avoid the expense and trouble of litigation as much as you do. Don't give up and you may end up paying a small fine. When you strike up a deal, just remember to have them sign a release or settlment agreement.