Wednesday, December 30, 2009

SSRN-Terms of Use by Mark Lemley

SSRN-Terms of Use by Mark Lemley: "Ten years ago, courts required affirmative evidence of agreement to form a contract. No court had enforced a shrinkwrap license, much less treated a unilateral statement of preferences as a binding agreement. Today, by contrast, it seems widely (though not universally) accepted that if you write a document and call it a contract, courts will enforce it as a contract even if no one agrees to it."
New law review article that talks about the increasing use of standardized adhesion "contracts."


Anonymous said...

Except it looks like a 2006 paper and not a new one.

gnut said...

Dilbert: Your software services contract is too confusing for any normal human to comprehend.

And it wouldn't be cost effective to involve our attorneys for a deal so small.

So I'll just take a chance and sign it.

See for the punchline.