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Consider an extreme case. Micro printing terms that unless you use a magnify look like a horizontal line between sections. If those terms are onerous and benef
by njharman 11y ago
Consider an extreme case. Micro printing terms that unless you use a magnify look like a horizontal line between sections. If those terms are onerous and benefit only the side that added them, It's arguable (pretty easily IMO) that the side added them did so with intention and belief the other side would not notice them and sign contract whose terms they were not fully aware of. Fraud.
Less extreme is reprinting contract to look as close as possible to the original but with added extremely one sided terms. It's debatable how much that side intended for those new terms to be overlooked.
Life is a spectrum. That is why we have courts to argue where on that spectrum a particular example lies.
Contracts aren't deals with the devil. They are never meant to support "haha I tricked you now you are fucked" deals. They are legal support for an agreement between two cognizant and willing participants. Further more, at least in US, unsophisticated parties are protected from contracting away certain rights and from contracts which are wholly one-sided.
- avn2109 11y ago>> "...with intention and belief the other side would not notice them and sign contract whose terms they were not fully aware of." This is a complete and accurate description of every contract I've ever been asked to sign. My apartment lease, my phone bill, etc were all written such that in practice I have no choice but to sign them blindly.
- chucksmash 11y ago"All written such that in practice I have no choice but to sign them blindly" I'm guilty of just clicking through in the general case but I've always read apartment leases. My wife's first apartment she just signed without reading and then when we went to move in together discovered there was no clause in the contract for early termination (apart from the required stuff for Reservists who are called up). The office's stance was quite literally: "sure, you can get out of your lease early - by paying us all the remaining rent or putting your name on this subleasing waitlist and waiting for someone to take your spot." At the very least, find that part of the leasing contract and read it.