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I think the meeting of the minds happens at the point where it reaches what the customer should know. That is, the customer is not only agreeing to the T&C, the
by dqv 5y ago
I think the meeting of the minds happens at the point where it reaches what the customer should know. That is, the customer is not only agreeing to the T&C, they're agreeing that they should know what is contained in the T&C (even if they don't really know).
But the point you're trying to make touches on contract ergonomics (is that even a thing?) and why I try to make contracts that are as short and to the point as possible. Maybe some lawyer will tell me I'm making a mistake, but of course it's a mistake not to rack up billable hours ;)
Most people are making an agreement in good faith. Bad actors will exploit a three page contract or a one thousand page contract.
- danuker 5y ago> but of course it's a mistake not to rack up billable hours ;) Doesn't making a contract shorter rather than longer imply significant rewriting? “Not that the story need be long, but it will take a long while to make it short.” — Henry David Thoreau
- dqv 5y agoThat's true. I wouldn't mind paying a lawyer more to write less. I imagine the question of "why am I paying so much when you did so little" comes up a lot of the contract the lawyer produces isn't long.