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In Australia you can't actually have a valid contract if one party has to give up their rights under consumer law or if it can be proved that either party didn'
by synchronise 12y ago
In Australia you can't actually have a valid contract if one party has to give up their rights under consumer law or if it can be proved that either party didn't act in good faith, or if either party was given false pretences as to what the contract contains, which has actually helped out a lot of people here who are tripped up over very cryptic small print, like flood insurance that would cover flash flooding from rain but not tidal inundation.
- tptacek 12y agoThere is a difference between waivers of specific rights that courts will not enforce (for instance, employee non-competition agreements in California) and the notion that contracts are in the most general sense about enforceably agreeing to give up rights. To make the Australia comparison more interesting, can I ask if there are consumer law rights that make anti-jailbreaking and copyright terms in game EULAs unenforceable there?