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> You can't have a contract without exchange of value, right? Yes. But, generally speaking, that thing of value doesn't have to be money. You could have a perf
by pdabbadabba 4y ago
> You can't have a contract without exchange of value, right?
Yes. But, generally speaking, that thing of value doesn't have to be money. You could have a perfectly good contract where I get to use your software in exchange for agreeing to your terms, since both (the use of the software, and the commitment to comply with the terms) are valuable.
[Hopefully I'm stating the obvious here but, this is not legal advice. It's a general observations about U.S. law, and does not necessarily apply to any particular situation.]
- pclmulqdq 4y agoThat hasn't really held up in court in the past. T&C sections on installs of software and click-through "I agree" buttons have routinely been struck down.
- chottocharaii 4y agoYou’re making a distinct legal point
- pdabbadabba 4y agoThat’s a different issue. The problem there (to generalize wildly) is whether both parties actually had an intent to enter into an agreement. That’s a distinct legal requirement from the need for consideration. But I agree that GP’s scenario may suffer from the same kind of problem.