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Writing severely one sided contracts can be cause for a judge to throw them out (unconscionable contracts). My understanding is that lack of bargaining power an
by hajile 5y ago
Writing severely one sided contracts can be cause for a judge to throw them out (unconscionable contracts). My understanding is that lack of bargaining power and understanding is the usual reason for this ruling. Pitting a megacorp with loads of lawyers vs a self-employed freelancer is definitely the right environment.
The freelancer can’t possibly vet clients payment methods. A contract holding them financially responsible for the big corporation’s mistakes that they can’t prevent or even review seems like a textbook example of this.
The question is if this freelancer (or a reasonable person in their position) would sign a contract like that if they knew what it could cost. I don’t think anything would. Upwork certainly would not.
- gruez 5y ago> Writing severely one sided contracts can be cause for a judge to throw them out (unconscionable contracts). You still need to convince a judge that, which means lengthy court trial. Also, I suspect the law is slightly more complicated than "it seems pretty unfair to a bunch of HN readers so the contract is unconscionable", which means tons of billable hours searching up relevant court cases.