Viewing: May 2011

“Best Efforts” and Leaving Deal Terms Open

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 […] Read More

South Park’s Kyle Learns the Dark Side of Online Terms

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. HUMANCENTiPADTags: SOUTHPARKKyle Broflovski,Eric Cartman,more […] Read More

Contracting by Clicking Send

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 […] Read More