Complaint: Baggage Problem no clothes for Italian cruise
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Old Aug 30, 2009, 3:11 AM
Butch Cassidy Slept Here Butch Cassidy Slept Here is offline
 
Join Date: Mar 2008
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Posts: 577
Default Perjury and A "contract of adhesion"

it would, by definition, not be perjury unless they were on the stand and had sworn an oath to tell the truth.

If your best defense is that "your honor I lied, but I wasn't on the stand when I did it," I certainly hope you have a taste for prison liver. Indeed the definition you cited makes no mention, whatsoever, of where the person is when giving their testimony.

As to the oath business: My understanding is that the judge has the bailiff swear you in before you begin your presentation. Likewise the same would apply to a defendant in a small claims action.

As to the matter of the contract, I assume you mean the Contract of Carriage. The question would be whether the OP has a reasonable basis to assert that the combination of unconscionable terms and a "contract of adhesion" render the Contract of Carriage unenforceable as to the cause of action. The OP says "...we barely made our cruise..." Would the court's position be that the OP was obligated to make a high cost ship to shore phone call? That the OP "...barely..." made the cruise was the fault of Delta. Perhaps if her flight had arrived, as scheduled, the OP might have made the necessary report in a timely fashion. True, it appears the OP still had two days, according to your number, remaining after the cruise to make said report. How much hay the defendant has make out of this, and how much weight the court would give to the matter of said two days remains to be seen.

Given the less than stellar image US-based airlines have I find it hard to believe the OP would walk out of court without a dime.