this post was submitted on 06 Dec 2023
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I once successfully defended myself from a lawsuit by invoking a previous TOS. The court allowed me to choose any version of the TOS that benefited me the most. It was akin the doctrine in contract law that ambiguity is always found to be detrimental to the drafter of the contract.
🦆 yeah! That's awesome! Kudos to you for prevailing.
Contracts are way less enforceable in courts then the writers would hope. Basically the enforceable parts are payment and performance and anything directly related to that. Once you start adding clauses that are outside of that realm they become more and more of a waste of ink.
You’re right. I just want to add the proper terms for people to search for in case this information helps them. The main matters considered in contract law are “consideration and performance”. Happy hunting y’all. Take down these corporations that do not care for you.
Yes, payment isn't necessary, it's just that consideration is payment 99% of the time for the average Joe, to the point where the first definition of consideration is "payment or money" but there are certainly contracts out there where it isn't money.
You’re right. I only wanted to include the search term for anyone wanting to pursue this on their own. I think it is better to search the proper term and build knowledge from there than to summarize it and hope laymen understand the underlying principles.