Comments on: Contracts of Adhesion

By: jed

jed — Sun, 09 Jan 2005 04:09:49 +0000

Thanks, Xrlq. I don’t hold any misconceptions, and if it came up, I don’t know how I’d proceed, WRT a lawsuit. For one thing, I can’t afford it. I suppose that’s part of the logic behind their setting the level of their fine at $500 — it’s not enough to sue over. Well, perhaps self-representing in small claims court. And that’s really what gets me about setting up a PayPal account. Even though I know that huge numbers of people use it without issue, I worry about getting crosswise with them over something. And so I sit on the fence, wanting the utility. Tweaking their terms makes me fell better about it.

By: Xrlq

Xrlq — Sat, 08 Jan 2005 05:33:32 +0000

Actually, I didn’t on the original draft, which was what I actually submitted to PayPal. That’s because I frankly don’t care if they change the terms a month or two down the road. It was only after Jed asked about cribbing the comments that I thought it best to make that change, in case he or anyone else saw fit to copy me.

Another change I would have made if I were serious about this crap is to actually read all the other documents that are incorporated by reference, and probably build in exceptions to them, as well.

By: Patterico

Patterico — Sat, 08 Jan 2005 02:44:43 +0000

Question is, since they say that they can modify it just by publishing the new terms, how long can you expect that it’ll stay in effect?

But Xrlq said they can’t. Didn’t you see that?

By: Xrlq

Xrlq — Fri, 07 Jan 2005 08:12:46 +0000

Sure, with the caveat that I did this as a lark, and anyone who mimics me should do it in that spirit as well. I have no clue whether or not any of it would actually be enforceable, and it may well get your account canceled. They haven’t canceled mine yet, and I don’t really care if they do since I only created the account to receive one payment that has since cleared. And unless you live in Orange County, CA, you’ll probably want to change the forum clause to somewhere else (you’re in CO, right?). In my case, even if the revised contract is enforceable, I’m screwed the next time they amend it. I’ve fixed that problem on this blog entry, though. I also deleted France from the list, just because.

This is probably a good time to remind anyone else reading this – you know better yourself, but those other guys might not – that This. Is. Not. Legal. Advice. As indicated by the graphic I “borrowed” from Beldar, I’m a lawyer, but I’m not your lawyer, and I’m not anywhere nearly as careful deciding what to blog or when as I would be when dispensing legal advice. So take everything I say on this blog with a very large grain of salt.

By: jed

jed — Fri, 07 Jan 2005 06:53:23 +0000

Hey, I like that. Question is, since they say that they can modify it just by publishing the new terms, how long can you expect that it’ll stay in effect?

Since I’m considering setting up a PayPal account (even though I’d rather not), can I crib your mods?

By: A Stitch in Haste

A Stitch in Haste — Tue, 04 Jan 2005 13:01:15 +0000

Stick Me with That Adhesion Contract
I disagree with Xrlq’s thesis: adhesion contracts are awesome. Large businesses of course cannot negotiate every aspect of every contract with every customer every single time. Conformity in contracts means efficiency; efficiency means lower costs; l…