| Volume 105 Number 2 |
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The People’s Lawyer’s Tip of the Day
Don't think stopping payment on a check protects you from having to pay when a problem arises. If the check is transferred to another person, you probably will have to pay, even if you have a legitimate reason to not pay the person to whom you gave the check.
For more general information about the law, check out my website.
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Flu Vaccine Not As Effective as Hoped
If you got the flu vaccine this year, you may still get sick this season. An analysis of 85 virus samples from October to late November revealed 52% of the samples were virus strains not included in this year's vaccine. To make matters even worse, the most common type of flu this season has been influenza A (H3N2). In the past, influenza A has been linked to more hospitalizations and deaths than other strains.
So why are people getting sick with influenza virus not included in this year's vaccine? According to the United States Centers for Disease Control on Prevention, the virus mutated. As a result, those who got the vaccine can't produce the right antibodies to fight off some strains of the virus making the rounds this season.
If you got the flu vaccine this year and are concerned about getting sick, just be cautious. Make sure you wash your hands regularly and avoid contact with others who may display signs of the illness. This is especially important for the elderly and persons with weakened immune systems.
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Certified Used Car Prices Jump Dramatically
If you're in the market for a pre-owned vehicle, it'll cost you much more this year than last. Because new car prices are higher across the board, many consumers are opting for used vehicles. With the high demand, dealers are able to charge consumers more and still make the sale. Through the first ten months, there's a 10% increase in sales of certified pre-owned vehicles. For the month of November, consumers actually paid 21% more for certified pre-owned vehicles compared to this time last year. Overall used car transaction prices are up 15%.
If you want to save on a used car, start by evaluating dealer inventory. The more of one particular model a dealer has, the more likely you'll be able to negotiate a good price for that model. Most of the time, you can see a dealer's used car inventory by visiting the dealership's website.
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Your Money
Should you pay discount points for a lower interest rate?
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For the Lawyers
Arbitration agreement is unenforceable.
The Ninth Circuit held that the arbitration agreement Sirius XM Radio relied upon was not enforceable because the user did not know he had any agreement with Sirius XM, let alone an arbitration agreement.
The plaintiff purchased a Toyota truck. The truck came with a 90-day trial subscription to Sirius XM satellite radio. The plaintiff did not have to sign any documents to receive or activate the radio. It was activated just after his purchase.
The court noted that “[h]ere, by contract, there is no evidence that Knutson purchased anything from Sirius XM, or ever knew that he was entering into a contractual relationship with the satellite radio service provider.”
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