View Full Version : An account of Duress?
Nocte
09-23-2011, 07:48 AM
Alright so for my school we all get Macbooks. They are there to aid us in learning how to use technology as well as allowing us to use tech and not textbooks to learn. They had us all sign a contract to get these Macs, and the contracts have rules that people never wanted to follow. However we were pressured into signing the contract like it was nothing, and now the rules they never enforced last year they are enforcing this year.
Kids are getting detentions left and right, because they aren't using the "school issued" bags. If we have an law junkies in this place can you tell me if it is an actual account of Duress?
Silko
09-23-2011, 11:51 AM
Bro, you signed a contract. If the contract states that you must use a School issued backpack or something of the sorts when on school grounds, then legally you have to. If the Contract stated that you will receive punishment failing to do so then they are backed by the law. To be honest I wouldn't complain. I don't know how your school works or how much you are paying the school to go there (assuming this is a private school) but you get access to a personal Mac Book and all you got to do is follow the rules that come with it? Sigh me up for that, as long as the school backpack isn't some pic of hello Kitty or some stupid shit like that.
Nocte
09-23-2011, 12:27 PM
No the school isn't private, and we signed the same thing last year only they never enforced that rule. The bags they gave us are a bitch to use, the macbook is to big for the bag so putting it in can take up to a minute and I've taken at least two minutes to pull the damn thing back out. On top of that, you can't put notebooks and such inside of it. So you constantly have to go back to your locker to get things.
I talked with my Superintendent and he told me last year we had shitty bags. Which is true, but we were given a protective clear outer shell to make sure that while in the bags that they laptop wouldn't break. However when I talked to him he told me the shell is useless, because of these new bags. Only they still make us have the shell on the computer....
My point in this isn't to be an asshole, but I've gotten two detentions because I like to carry my computer in my messenger bag and not the school issued bag. The computer is perfectly safe within my bag so long as I'm not jerking it around and hitting shit with it.
Duress: Where, a person is prevented from acting according to their free will, by threats, force, or psychological pressure.
Pretty much all students are told that they need the computers in school because most of our classes are now based around using them. Many students didn't even read the damn thing before they signed it because everything is the same as last year. Yet last year they aloud us to use our own bags.
I feel that many students actually signed the contract "under duress", because their were no other options given to how we can use the Macs. Which now it surfaced that if you cannot afford to spend $50 on the insurance fee that you will keep your Mac here and not be able to take it home.
I have started a petition to be brought to the Principle. I wouldn't give a shit, but logically the clear shell casing we have on our computers were bought to protect them because we didn't have padded bags. So why do we need to carry a padded bag around, when we have the clear shell on?
bazongaman502
09-23-2011, 01:02 PM
theres always a loop hole in a contract... however since none of you are lawers, you cant do much except hire one... but i bet you wont find one that will only deal with a backpack contract...
Even if your pition were fully signed by EVERY student, it can still be denied due to the contract... the pition should have happened before anyone signed it... but like you said it was the same rules as last year but wasnt enforced... hey, shit changes... maybe the reason they are enforcing it is because they got so many returned damaged... that gives the perfect reason to enforce the rules now...
Im sorry Eagle, but the contract will stand as long as the principle agrees to the rules... if he kinda agrees they are to harsh, then your pition might do something....
I did 2 semesters of Law at my school, and iv payed attention to how contracts work... im sorry, Eagle, but your fucked if you dont like their rules and how they are handling them :(
Deathhawk
09-23-2011, 01:16 PM
Even if your pition were fully signed by EVERY student, it can still be denied due to the contract... the pition should have happened before anyone signed it... but like you said it was the same
then your pition might do something....
Dear god, it is spelled "petition".
bazongaman502
09-23-2011, 01:31 PM
Dear god, it is spelled "petition".
dont correct my spelling.. thank you... its not the end of the world
Deathhawk
09-23-2011, 01:34 PM
dont correct my spelling.. thank you... its not the end of the world
I agree with you, it's clearly not the end of the world.
Nocte
09-23-2011, 02:22 PM
The petition isn't the topic on my mind, the duress is.
Mythonian
09-23-2011, 02:30 PM
Due to the signees being under duress, I believe they have a decent case if taken to court... Especially since those who didn't sign it would have been effectively discriminated against due to the classes focusing on the use of the Macbook; it would have impacted their educational environment negatively for those who didn't sign it. Since it's a public school, such discrimination (or favoritism toward signees) probably wouldn't be legal.
I'm not law student, but that seems enough to get the contract considered void...
Nocte
09-23-2011, 04:06 PM
Due to the signees being under duress, I believe they have a decent case if taken to court... Especially since those who didn't sign it would have been effectively discriminated against due to the classes focusing on the use of the Macbook; it would have impacted their educational environment negatively for those who didn't sign it. Since it's a public school, such discrimination (or favoritism toward signees) probably wouldn't be legal.
I'm not law student, but that seems enough to get the contract considered void...
Thats my exact mind set on the matter haha Only my school wouldn't go to court over it, they would just need to understand because if I wanted to I could get a good group of people together to take it to court :p
Silko
09-23-2011, 07:04 PM
I don't know about being able to go to court about it but by all means put out a petition hopefully you will be able to use a personal bag to store your mac book. As for the duress part I am going to disagree with that due to the fact that many school can teach students with having to give them a computer. To be honest I almost didn't believe you Eagle when you said it is not a private school. As to what Bazonga said about enforcing the rules this year, I would think that is the case of why they are enforcing the rules this year. I think if you do get the petition together and the Superintendent does give into it there will most likely be set standards of the type of personal bag you will be able to use. Like how large the bag must be and etc.
To continue on the Duress part of this thread, I would disagree that students signed under duress. Like you said most of the students most likely or in fact did not read the contract. Failing to read a contract is a failing on their part not the School's.
I wish you luck on your petition Eagle, in my opinion that is the best thing you can do in this case.
GhostHammer
09-23-2011, 07:11 PM
To continue on the Duress part of this thread, I would disagree that students signed under duress. Like you said most of the students most likely or in fact did not read the contract. Failing to read a contract is a failing on their part not the School's.
I'd have to agree there, most Highschool kids will just sign whatever if infront of them without looking much into it.
My question is why does the school care so much about what bag you have? If they're worried about the computers, then make the students responsible for the actual machines, not how they carry them. Does it really matter what bag/case is used so long as the laptop is safe? Seems like they (The school) is making it such a big issue over something that is really quite small.
Nocte
09-23-2011, 07:31 PM
Oh I don't want to go to court over it, I just want them to back the fuck off on the rule. As Ghost said they are making this issue a lot bigger then it is, they say it's the students responsibility to keep the laptop safe. Yet they tell us to use the bag?
Hmm maybe I'll just write the Superintendent again.
As for the petition the kids in my school are spineless, they all say they aren't gonna use the bags and then Monday comes around and they all have them....
The petition wouldn't work, because if they picked random names off the list and ask why I guarantee they wouldn't say a damn thing.
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