Contracting Shrinkage

Posted by lukegilman

February 5, 2007

From the Wired GC - Contracting Shrinkage

We seem to have sunk to a kind of playground system of forming contracts. Tag, you agree! Lawyers will tell you that you can form a binding agreement just by following a link, stepping into a store, buying a product, or receiving an email. By standing there, shaking your head, and shouting “NO NO NO I DO NOT AGREE,” you agree to let the other guy come over to your house, clean out your fridge, wear your underwear and make some long-distance calls.

Continuing - “(I think this is an example of the objective theory of contracts my professor made me aware of through a Socractic bludgeoning with Lucy v. Zehmer).”

I try to read most of my EULAs, I really do, it’s just that my mind shuts itself off in self-preservation about half-way through and I end up wandering around in a haze wondering where I’ve been the last 24 hours. Have I had a meeting of the minds with Microsoft? Has anyone? Something to look forward to in contracts…

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