3,958 karma · joined March 9, 2012
There's a legal concept of 'waiver' meaning that even if something is prohibited in a contract, but the parties don't enforce that part, then that part is later not enforceable. Facebook was fully aware of this behavior, chose not to enforce the ToS, and therefore it waived that clause. Therefore no breach.
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Other dishonest conduct during this lawsuit further supports the Court’s finding that Mr. Lawson intentionally manipulated the app to get paid for not working. During discovery he produced a resume that falsely represents that he attended a Loyola Marymount University Master of Fine Arts program from August 2012 to May 2015, and even lists a specific grade point average; however, Mr. Lawson was only enrolled in the program for one year and did not graduate. When confronted at trial with this misrepresentation, Mr. Lawson testified that he listed all three years because he was “still involved in various activities” and he felt “still part of [the Loyola Marymount] community.” (Dkt. No. 208 at 48:13-16.) This explanation is not credible.
https://www.courtlistener.com/docket/4537667/rittmann-v-amaz...