I hope the courts reign in this nonsense. Clickthrough / Clickwrap / Browsewrap agreements[1] and the like have gotten completely out of hand. If the victim's

I hope the courts reign in this nonsense. Clickthrough / Clickwrap / Browsewrap agreements[1] and the like have gotten completely out of hand. If the victim's lawyers are on point, I think companies engaging in such shady legelaese will find their premise is built on shaky foundations, and that the judge will find a fundamental lack of consensus ad idem (meaning the two parties did not have a mutual understanding of what it was they were ostensibly agreeing to)[2]. There is precedent in my jurisdiction, such as the Tilden Rent-A-Car case[3], Roberts vs. Brokerage Services Inc.[4] and Zhu vs Merrill Lynch[5]. IMO most website and mobile app Terms of Use I'm seeing these days contain onerous provisions that are not sufficiently brought to the consumer's attention[6] to be enforceable. The B.C. Law Institute had a great Unfair Contract Terms report[7] which goes into this in depth. ---- Note: Links and case law below are from my jurisdiction [1] https://www.canlii.org/en/bc/bcsc/doc/2011/2011bcsc1196/2011bcsc1196.html#par81 https://www.canlii.org/en/bc/bcsc/doc/2011/2011bcsc1196/2011... [2] http://canlii.ca/t/fkmvj#par27 http://canlii.ca/t/fkmvj#par27 [3] http://canlii.ca/t/g1bxl http://canlii.ca/t/g1bxl [4] http://canlii.ca/t/1wcrj http://canlii.ca/t/1wcrj [5] http://canlii.ca/t/5f52 http://canlii.ca/t/5f52 [6] https://en.wikipedia.org/wiki/L%27Estrange_v_F_Graucob_Ltd https://en.wikipedia.org/wiki/L%27Estrange_v_F_Graucob_Ltd [7] http://www.bcli.org/sites/default/files/Unfair_Contract_Terms_Interim_Rep.pdf http://www.bcli.org/sites/default/files/Unfair_Contract_Term...