May 2011

If you’ve ever negotiated a contract, you know what I’m talking about. Most of the important deal terms have been agreed to. Both parties—as well as their lawyers—are eager to wrap up negotiations. But there’s a sticking point that won’t be a big deal until months, or even years, down the road. So why not put off making a tough call and agree to make the decision later?

Denil v. deBoer, Inc.

The U.S. Seventh Circuit Court of Appeals decided a case earlier this month where the parties decided to put off making difficult choices in contract negotiations. [click to continue…]

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South Park has never sustained my interest, but this clip, which I discovered on mashable.com, is downright funny. In the clip the green-capped character (Kyle, according to chacha.com) finds that he agreed to much more than he bargained for when he clicked on the iTunes terms.

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Are contracts made via email enforceable? You betcha—although not in all cases.

In this recent post I highlighted a case where a written contract was modified by a pithy instant message exchange, and in this post I discussed a case where a court enforced “browsewrap” terms of use for a free website where the user had not read the terms. Today I’ll discuss a cyberspace contracting case where an email exchange formed a binding contract. [click to continue…]

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