2 ms·
I too often idealize that. The problem as I see it, when people start offering novel services it is hard to have a ready made contract for that. Hence the idea
by BlackFly 1y ago
I too often idealize that.
The problem as I see it, when people start offering novel services it is hard to have a ready made contract for that. Hence the idea of reasonability and voidability that so many people have forgotten. If the term is clearly unbalanced in favor of the controlling party (ability to terminate the contract at any time without penalty while the contractee faces a penalty for early termination) without some specific consideration for this imbalance. These general reasonability notions need to be enforced more agressively. Instead, too many people think that anything goes once you signed the contract, but at the extreme end of this, slavery is clearly illegal. So there is clearly a line where you cannot agree to unreasonable things, but people forget that.
So I think these reasonability clauses were our attempt to capture novel contracts, but they have lost their teeth in the minds of people and in our legal systems. Then I start to entertain the enumerated contracts approach again...