Originally Posted by
DeaconFlyer
And the case will hinge on this fact.
Big question: can any pmUA million miler produce a document with written terms and conditions for the MM program? I haven't seen any mention of that, which is strange, because if it exists, it is a huge bolster to the case.
If all that can be produced is the same tired screenshot, there's not much hope for success.
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It might or might not matter if a formal contract exists - don't forget the below and many other cases using the same logic:
‘If it looks like a duck, walks like a duck, and quacks like a duck, it just may be a duck.’
"We disagree and shall reaffirm our conclusion in Monjaras that "if it looks like a duck, and quacks like a duck, it’s a duck." (Monjaras, supra, 164 Cal.App.4th at p. 1437.)"
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Last edited by dgcpaphd; Feb 10, 2013 at 8:44 am
Reason: spelling