3 ms·
In some jurisdictions it already is. German / European courts have ruled many times that consumer TOS clauses which are "surprising" and/or "unusual" (e.g. "hi
by Vespasian 5y ago
In some jurisdictions it already is.
German / European courts have ruled many times that consumer TOS clauses which are "surprising" and/or "unusual" (e.g. "hidden" feed or waivers) are not enforceable.
- cperciva 5y agoCourts around the world have made similar rulings. The technical term is "contact of adhesion" and while exact rules vary from country to country, most courts will at a minimum strike out clauses which are considered to be "unexpected" on the basis that the customer is unlikely to have actually read the contract. (This is why clauses such as exclusions of liability are traditionally in all caps or bold -- on the theory that this draws attention to them and may help to save them.)
- Vespasian 5y agoThanks for going into further and teaching me the correct term for this.