4 ms·

While I appreciate the thought, it seems unrealistic. > I'd like to see short contracts, arbitration, and reasonable support for pro se representation in court

While I appreciate the thought, it seems unrealistic. > I'd like to see short contracts, arbitration, and reasonable support for pro se representation in court The problem is in "short contracts". Short contracts are only helpful when both sides are "willing to work together" and the "spirit" of the contract is friendly. An example is a YC term sheet compared to Business Loan contract. Once you get into an us vs them, you better hope your contract spells out exactly what happens to you and that it is in your favor. If the contract is short, it leaves a lot of details open ended and all of a sudden interpretation sets in, "spirit of contract" sets in and the judge becomes the arbiter of how your contract gets decided. Better hope that particular judge likes you. Instead of hoping that the judge/jury likes you, which is a game of dice, you write it into the contract up front and thusly we're back at complex, lawyer ridden contracts.

oatmeal1 4y ago
The problem is courts falsely find that there was a meeting of the minds when a corporation with a legal team writing a 15 page agreement even when they are contracting with someone that has a 5th grade reading level. If courts were strict about limiting the ability of those with legal representation to write advantageous terms that give them advantage over those without council, there wouldn't be nearly as much of an issue.
- pclmulqdq 4y ago
  They are pretty strict about what can be in employment contracts, particularly in states like NY and CA. The contract at issue here wasn't an employment contract, it was a copyright license. That license was likely written with lawyers on both sides and clients who are informed about the tradeoffs.
  - irjustin 4y ago
    This is largely true of contracts that are wide spread enough where it affects a non trivial amount of the general public. Housing loans, standard employment contracts, car loans, etc.

oatmeal1 4y ago

The problem is courts falsely find that there was a meeting of the minds when a corporation with a legal team writing a 15 page agreement even when they are contracting with someone that has a 5th grade reading level. If courts were strict about limiting the ability of those with legal representation to write advantageous terms that give them advantage over those without council, there wouldn't be nearly as much of an issue.

pclmulqdq 4y ago
They are pretty strict about what can be in employment contracts, particularly in states like NY and CA. The contract at issue here wasn't an employment contract, it was a copyright license. That license was likely written with lawyers on both sides and clients who are informed about the tradeoffs.
- irjustin 4y ago
  This is largely true of contracts that are wide spread enough where it affects a non trivial amount of the general public. Housing loans, standard employment contracts, car loans, etc.