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We know the airline probably anticipated the discomfort since they keep making these seats a whole lot smaller. we knew that was coming. but they can't be responsible and held liable for any time someone has an accident on the plane. under certain circumstances. >> charles: written in the fine print of our tickets now? >> that's a contract claim. he's alleging is more rooted in a tort claim than a contract claim. perhaps he could make a breach of contract claim and say you didn't give me when what i pur. but then you would only be re- re-entitled to the rear enforcement of your cost. >> charle...

>> and also the battle of what you sign on to, when you take a cruise, you fill these out to use a high-tech device, you have to agree to give your children away and all this stuff. but maybe somewhere inside the carnival cruise line ticket is you have to accept the very distinct possibility you'll have feces on your floor. >> that's a great point. it may pride people to know the judge has already ruled on these points. none of the big cruise ships have contracts that promise the passengers any particular level of safety. >> but nowhere in that fine print did it include the type of horrendous ...

She put money down to buy these condos and would also receive a certain percentage from parties that would take place in the meeting rooms, but the trump folks are saying there was a condition in a clause in that contract which said they could change that if they wanted to. and that's what they did. and she's saying, no, that's not the case? >> well, the whole thing about this contract clause is the biggest red hair iing in this case. this is a fraud case. there's no contract claim in the case. if you come to me and say i want to buy a red car because red is your favorite color and i say, sure...

Proceeded. is that true? >> her lawyer wrote a letter. i don't know whether that's going to get into evidence. and i don't think it's relevant. if you're lying to get somebody to sign a contract, that's fraud. people keep losing sight of that. mr. trump knew when he made the deal e he wasn't going to give away $40 million of real estate to the hotel condo association in the trump tower. he wasn't going to give away a $5 million revenue stream with $1.3 million of profits. he did it because he had to sell units because he couldn't find an anchor tenant and couldn't get financing unless he could...

also american permanent presence in the country in the year ahead. another attack in the south of the country in kandahar where two were killed by a man wearing an afghan army uniform we understand from an army commander down there. in fact, he may have been trained by the two nato personnel he killed. we hear they possibly were australian but they're not confirming that. >> nick paton walsh, thank you so much from kabul. here in the u.s. from the mid-atlantic it to new england, a rare october surprise. a powerful snowstorm could paralyze parts of the region this halloween weekend....