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Surely you can’t stipulate just anything in a contract and have that upheld as binding by a court, even in the US?
by Cederfjard 6y ago
Surely you can’t stipulate just anything in a contract and have that upheld as binding by a court, even in the US?
- nobody9999 6y ago>Surely you can’t stipulate just anything in a contract and have that upheld as binding by a court, even in the US? That's a great question. I'd expect that courts would not uphold claims to one's first-born child[0][1], but only because that sort of thing is already illegal (human trafficking). As for stuff that isn't illegal, I expect that YMMV. That said, people actually "agreed" to give up/assign their first-born children with these "Click-wrap" agreements. That people are so cavalier about such things should be a huge red flag for regulators to require not just a link to such terms, but that both parties should be required to demonstrate their specific understanding of terms and conditions before such a contract can be considered enforceable. But that's not how US courts have interpreted this sort of thing. So, as always, Caveat Emptor! [0] https://www.theguardian.com/technology/2014/sep/29/londoners-wi-fi-security-herod-clause https://www.theguardian.com/technology/2014/sep/29/londoners... [1] https://arstechnica.com/tech-policy/2016/07/nobody-reads-tos-agreements-even-ones-that-demand-first-born-as-payment/ https://arstechnica.com/tech-policy/2016/07/nobody-reads-tos... Edit: Fixed spacing.