3 ms·
Yes, there is a very clear reason. I've stated it elsewhere but I will state it again. Under common law, there is no legal contract without a meeting of minds
by btilly 6y ago
Yes, there is a very clear reason. I've stated it elsewhere but I will state it again.
Under common law, there is no legal contract without a meeting of minds. There can be no meeting of minds without comprehension. Per studies of reading abilities, only 2% of Americans read at a college level. (See https://www.wyliecomm.com/2019/03/us-literacy-rate/ https://www.wyliecomm.com/2019/03/us-literacy-rate/ for a source.) Therefore such contracts should not be legally enforceable on the other 98% of Americans.
This reasoning applies only to contracts where members of the general public were expected to review the contract unassisted. By contrast in a business contract where both sides retained legal counsel, the complexity of the language is not prima facie evidence that the contract was unlikely to be understood.