On 20/07/2010, at 9:50 AM, Simon Ward wrote: > On Tue, Jul 20, 2010 at 09:17:43AM +1000, Liz wrote: >> >> >> A good example is shrink-wrap licences which are one-sided contracts. > > I don’t believe they are a good example… > >> Where I live a contract has to be agreed to by both parties, is not valid if >> signed under duress and is not transferable without agreement. > > This is my (basic) understanding of a contract: It involves two (at > least) parties agreeing, not just passively. >
http://en.wikipedia.org/wiki/Contract_of_adhesion Contracts of adhesion (e.g. click-through EULAs) are legal in many jurisdictions, but they are less enforceable than proper negotiated contracts. There are often terms which would be enforcable in a normal contract which aren't if written in a contract of adhesion. Whether you can enforce a passively "agreed" contract of adhesion, e.g. Terms of Service which are just posted on a website with no "I agree" button first is a lot more shaky. IANAL etc. _______________________________________________ legal-talk mailing list [email protected] http://lists.openstreetmap.org/listinfo/legal-talk
