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Have terms of service ever successfully been challenged for failing to meet the requirements of a contract? Like if I make an Uber account for my mom, and she u
by 4death4 3y ago
Have terms of service ever successfully been challenged for failing to meet the requirements of a contract? Like if I make an Uber account for my mom, and she uses it, at what point is she bound by the ToS?
- guntars 3y agoNot that I'm aware, but happy to stand corrected. They pretend they are enforceable, we pretend to abide by them.
- mminer237 3y agoOrdinarily, ToS do meet all the requirements of a contract. Both sides assent to certain promises. They make an offer of the terms and you accept it by checking the box or whatever like they ask. That's what a contract is: https://matthewminer.name/law/outlines/1L/1st+Semester/LAW+505-002+%E2%80%93+Contracts+I/#assent-1 https://matthewminer.name/law/outlines/1L/1st+Semester/LAW+5... Even where you don't make the account, a court would assumedly find she agreed to the contract by virtue of quantum meruit by consenting to have you make it and her continuing to use the account. If you sign your mom up for a credit card in her name, what makes her have to repay the debt if she uses it?