Comment by Sosh101
4 years ago
You can't write just want you want in an agreement. There are things that are not legally enforceable - even if the other party has agreed to them.
4 years ago
You can't write just want you want in an agreement. There are things that are not legally enforceable - even if the other party has agreed to them.
I wonder if a company included "We have the right to send a company agent to enter your home and destroy this product." in their Terms Of Service, and you "agree" to it, would that simply allow them to do so?
EDIT: I am not a lawyer, but I've always been surprised that Terms Of Service and End User License Agreements aren't routinely voided by courts. Aren't they perfect examples of unconscionable and adhesive [1] contracts? These seem to tick all the boxes: One-sided, no meaningful choice, no meeting of the minds, significant differences in bargaining power between the parties, no ability to negotiate, take-it-or-leave-it terms.
You'd think these things were total junk, but they're everywhere and somehow enforceable? Why?
1: https://www.jensenlawmn.com/adhesion-contracts-unconscionabl...
This would make a good movie or series, about a person whose job it is to go do things like this, and at times it could get dangerous when they encounter people who staunchly believe these EULAs are unenforceable.
> One-sided
Its not really one-sided, if I agree to it then I can play Nintendo games on Nintendo hardware on Nintendo online services. Some people see that as a big benefit.
> no meaningful choice
I definitely have a choice on whether or not I buy/use a Nintendo Switch. My life won't end if I can't play Breath of the Wild or Smash Bros.
Keep in mind that a license is different from a contract.
Have a look at https://en.wikipedia.org/wiki/GNU_General_Public_License#Lic... for an example of the difference.
And it's the same for more subtle matters too.
Sure, but someone would still have to call them on it and go through years of litigation and related expenses.