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Surely you can’t stipulate just anything in a contract and have that upheld as binding by a court, even in the US?


>Surely you can’t stipulate just anything in a contract and have that upheld as binding by a court, even in the US?

That's a great question. I'd expect that courts would not uphold claims to one's first-born child[0][1], but only because that sort of thing is already illegal (human trafficking). As for stuff that isn't illegal, I expect that YMMV.

That said, people actually "agreed" to give up/assign their first-born children with these "Click-wrap" agreements.

That people are so cavalier about such things should be a huge red flag for regulators to require not just a link to such terms, but that both parties should be required to demonstrate their specific understanding of terms and conditions before such a contract can be considered enforceable.

But that's not how US courts have interpreted this sort of thing. So, as always, Caveat Emptor!

[0] https://www.theguardian.com/technology/2014/sep/29/londoners...

[1] https://arstechnica.com/tech-policy/2016/07/nobody-reads-tos...

Edit: Fixed spacing.




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