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by worik 38 days ago
Here in New Zealand those pages and pages of fine print are disappearing as they are no longer enforceable.

The only things in a contract that can be enforced must be stated plainly and clearly

Turns out there are o ly a few conditions that are actually necessary

1 comments

Most long contracts are a reaction to 'failure to warn' lawsuits where plaintiffs (successfully) argued that they should have been notified of something. The problem is that when you add up all those 'somethings', you get absurdly long documents.
In effect it seems that people are still not being warned. The legal fiction that they are is exactly the insanity that needs to be thrown out.
I agree that these extensive disclaimers and contracts are not an effective way to communicate information, but dispensing with them will require either a better way to disclaim many (relatively unimportant) risks, or a change to product (and service) liability law, reducing failure-to-warn legal risk.