3 ms·
Contract is written to establish an understanding between two parties. Every now and then a dispute happens, and that is handled by a judge. The judge has no op
by nashashmi 3y ago
Contract is written to establish an understanding between two parties. Every now and then a dispute happens, and that is handled by a judge. The judge has no opinion in the matter except what is explicitly stated. And then goes on to the explicit intent to help with resolving the dispute.
Now here comes a single person with an intent to exploit service meant for another customer. And it happens quite often: "is there anything in the TOS that considers this particular use as against its terms?" The user makes a determination that it does not and proceeds to sign up. After excessive use, the provider determines this kind of use is not something it can help with and changes the terms.
> you write contract that benefits the other party more than yourself? well, tough shit
That is the abusers perspective. And he knows well that whatever he is doing is not kosher. It's like going to home depot with a generous return policy and abusing their policy. How long do you expect that to go on? Home depot changes its policy for seasonal equipment that it needs to be returned within a set time. The abusers expected this.
- blibble 3y agoyou have a complete misunderstanding of how contracts work in common law countries