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The German (civil law) and US (common law) legal traditions are pretty disparate, including their approaches to contract law - but in this case the difference i
by jkaplowitz 8y ago
The German (civil law) and US (common law) legal traditions are pretty disparate, including their approaches to contract law - but in this case the difference is due to consumer protection rules in Germany and Europe, not anything longstanding about either tradition.
- weber111 8y agoI know very little about US law and even less about German law, but I think GP was referring to contracts of adhesion, which are less enforceable in the US too, afaik; even if the laws are far stronger in Germany and have different historical origins, maybe there's at least some spiritual similarity between the protections?
- jkaplowitz 8y agoWhile it's true that contracts of adhesion are less enforceable in the US than other contracts, they're still very enforceable. In particular, if there's some evidence that a consumer clicked a check box saying "I accept the terms of service" on a web form before submitting it, where a link to the full terms of service was offered and the check box was not checked by default, US courts will uphold far less friendly terms than German courts will.