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This is some interesting wording. How can a third party enter separate parties into a contract? Do projects really setup their own contracts with their funders
by jsprogrammer 11y ago
This is some interesting wording. How can a third party enter separate parties into a contract?
Do projects really setup their own contracts with their funders?
- codingdave 11y agoContracts fall under civil law. There is no statutory definition of what constitutes offers and acceptance. So in this case, were I a lawyer, I'd argue that the TOS is a legal contract, and by using the site, you have implicitly agreed to the definition of contract acceptance specified in the TOS. Whether it holds up in court is a different question, but this lawsuit at least gave a precedent.
- jsprogrammer 11y agoDo you have any examples of implicit acceptance of arbitrary contracts merely through accessing a network resource?
- codingdave 11y agoOf course not - The contract would be made when money was exchanged, not when the site was accessed.
- jsprogrammer 11y agoSure, but the money is exchanged between kickstarter and the participants (backers and makers). The participants don't exchange directly with each other.
- codingdave 11y agoYup, that is a likely counter argument to be made in court if anyone ever sues over these issues. As I said, though, this is civil law, so it would come down to how lawyers argue it and what judges think. In civil cases, answers are rarely black and white.