4 ms·

IANAL, but: 'If only one party offers consideration, the agreement is a "bare promise" and is unenforceable.' [1] [1] https://en.wikipedia.org/wiki/Considerati

IANAL, but: 'If only one party offers consideration, the agreement is a "bare promise" and is unenforceable.' [1] [1] https://en.wikipedia.org/wiki/Consideration_in_English_law https://en.wikipedia.org/wiki/Consideration_in_English_law

jxf 3y ago
Consideration doesn't have to be money. Facebook doesn't charge you money and nevertheless has enforceable contracts.
- fsckboy 3y ago
  what contract terms can you enforce against Facebook?
  - jxf 3y ago
    For example, Facebook has been sued multiple times for breaking terms in which they promised not to provide data to third parties without your consent.
  - heffer 3y ago
    Depends on your jurisdiction. In Germany, for example, a court has recognized that Facebook enters in a contractual relationship with you when you register on the platform. As such, Facebook agrees to store and let you access your information on the platform in exchange for the permission to use that data for its own purposes. The highest court in Germany (BGH) confirmed this in a court case that Facebook lost where parents were denied full access to the Facebook account of their deceased daughter (they were only allowed to view the memorialized profile but not log in and read the chat messages, for example). The court found that the parents rightfully inherited the contractual relationship with Facebook in its entirety and as such had to be given access to the data that Facebook agreed to store and make accessible to its user. Full ruling available here (in German): LG Berlin https://openjur.de/u/870262.html https://openjur.de/u/870262.html, which was appealed by Facebook and then went to the BGH (highest court) which ruled in favour of the parents: https://openjur.de/u/2110135.html https://openjur.de/u/2110135.html Edit: Added links and distinctions between the different courts at the end.

jxf 3y ago

Consideration doesn't have to be money. Facebook doesn't charge you money and nevertheless has enforceable contracts.

fsckboy 3y ago
what contract terms can you enforce against Facebook?
- jxf 3y ago
  For example, Facebook has been sued multiple times for breaking terms in which they promised not to provide data to third parties without your consent.
- heffer 3y ago
  Depends on your jurisdiction. In Germany, for example, a court has recognized that Facebook enters in a contractual relationship with you when you register on the platform. As such, Facebook agrees to store and let you access your information on the platform in exchange for the permission to use that data for its own purposes. The highest court in Germany (BGH) confirmed this in a court case that Facebook lost where parents were denied full access to the Facebook account of their deceased daughter (they were only allowed to view the memorialized profile but not log in and read the chat messages, for example). The court found that the parents rightfully inherited the contractual relationship with Facebook in its entirety and as such had to be given access to the data that Facebook agreed to store and make accessible to its user. Full ruling available here (in German): LG Berlin https://openjur.de/u/870262.html https://openjur.de/u/870262.html, which was appealed by Facebook and then went to the BGH (highest court) which ruled in favour of the parents: https://openjur.de/u/2110135.html https://openjur.de/u/2110135.html Edit: Added links and distinctions between the different courts at the end.