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One of the things that many legal systems try to enshrine is a principle of fairness. One part of that is acknowledging that many contracts are entered into in
by bunderbunder 10y ago
One of the things that many legal systems try to enshrine is a principle of fairness. One part of that is acknowledging that many contracts are entered into in a state of information or power asymmetry, which makes it easy for certain parties to create unfair contracts that the counterparty doesn't recognize as unfair or doesn't realize they can argue against.
This is really a good thing. The most tangible example I can come up with is employment law in California: One big thing that distinguishes the labor market in California from other regions is that non-compete clauses are basically unenforceable. Non-compete clauses being a big drag on innovation (since they basically imply that if you have a good idea that is related to your current line of work, and your current employer doesn't see the value, then you're SOL and not allowed to have a go of it), there's a very strong argument to be made that Silicon Valley couldn't have happened in any other jurisdiction.