[alkonaut]

I doubt anyone gets fired or fined for making ToS that would never hold up in a court. The opposite seems true though: any legal department will write N things even if half of them aren't enforceable because it doesn't hurt (more than being ridiculed on HN, or by a court).

Not sure what would be the best way of getting rid of "legal fluff" though. I imagine it costs quite a lot to society to have to sift through pages of meaningless legal text in order to find important (actually valid) legal statements.

[cjfd]

This is the reason I think that for any of those ToS if it turns out that any provision in them is unenforceable it should be that the whole ToS automatically becomes unenforceable.

[alkonaut]

That would be brilliant. Lawyers would have to scour employment contracts, various risk waivers and so on, to try to find the problems. In the end, they'd all fit on post-its because only the most obvious things would be on them.