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by shkkmo
2967 days ago
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You must get somebody to agree to the terms, not just state them. If you say "I'll give you this scarf if you go to the store for me" and then drape it over my shoulder, I haven't broken any agreement or stolen anything if i walk away. You gave me your scarf without any agreement on my part and will have a hard time enforcing that agreement in court. Similarly, I suspect that the "by using this site you agree to..." declaration that is widely used has fairly limited legal efficacy precisely due the the lack of explicit agreement. Even if I do agree to your terms, if I don't go the store it STILL isn't theft. I am merely in breach of contract and you will have to go to court to get them to force me to return the scarf you gave to me. |
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The case i'm considering here is one of explicit agreement. E.g. checking a checkbox.
> Even if I do agree to your terms, if I don't go the store it STILL isn't theft. I am merely in breach of contract and you will have to go to court to get them to force me to return the scarf you gave to me.
Breach of contract and theft are often the same thing. I'm not sure what distinction you're drawing here.