4 ms·
I like the German approach here (surprise, /me German...): Non-negiotiable standard contracts that are applied to consumer contracts en masse are called "Allge
by corty 6y ago
I like the German approach here (surprise, /me German...):
Non-negiotiable standard contracts that are applied to consumer contracts en masse are called "Allgemeine Geschaeftsbedingungen (AGB)" (roughly: common business conditions). A business may apply those, but if they do, they need to conform to a restrictive law (AGBG) regulating what is and isn't allowed in such conditions. E.g. no future changes without an exchange of equal value to the changes, no surprising clauses that are not "normal" for this kind of situation, no grossly unequal considerations to begin with.
Individuals and businesses still have freedom of contract however, if a contract is really negotiated freely, that is, in an equal exchange between both parties. If there was no negotiation or a very unequal one ("take it or leave it, we'll block any of your change requests but you need the ink now"), AGBG applies. In all situations mentioned above, the consumer had no opportunity to negotiate (a symbolic "negotiation phone number" in the smallprint doesn't count, etc), so all those fancyful clauses or the whole contract conditions would just be unenforcable, with the most consumer-friendly interpretation applied to the rest as a matter of law.