Two important principles of contract law for terms of service are “meeting of the minds” and “illusory promise”. Those phrases may sound a bit meaningless, legal, and abstract. However, each one holds a common pitfall that can void an entire website’s terms of service – as if it didn’t exist at all.
Tag Archives: contracts
Nondisclosure Agreements, or Confidential Disclsoure Agreements as they are often called in the biotech context, are some of the most common types of business contracts. Although they are often signed cursorily, they are worth thought since each one could be the basis of a trade secret lawsuit. NDAs are one of the primary ways of
Is a letter of intent contractually binding? Can that bullet point list of negotiating terms in a letter of intent or memorandum of understanding become a binding contract? If the parties have indicated that they agree on them and agree to negotiate them to a full agreement, yes. In California, the leading case is Copeland v.
If you don’t ask, the answer is always “no”. So ask. Some people are better at this than others, but everyone can learn. If someone gives you a form contract to sign, and parts of it are offensive, ask to have them removed. They may say no . . . but they may say yes.
In a negotiation, there are times to talk, and times to be quiet and listen — or to just enjoy the silence. When to talk. There is a certain value to rationalizing your demands. If you just leave it as a simple demand, the counterparty may think, “Forget this, we can find someone else who
This is the first in a series of blog posts that I am doing that will form a basis for a negotiations presentation I gave at HUB Soma. A BATNA is a common negotiating concept that was coined and popularized by the book Getting To Yes, which came out of the Harvard Business Negotiation Project. It
Anyone providing services on the internet should check their terms of service to ensure that the terms of service aren’t amendable at any time. This is especially true after last year’s court ruling that the Zappos’ user agreement was not valid because it could be changed at any time. This makes the terms of service an
Generally speaking, I don’t really like negotiating with lawyers, mostly because I feel it just isn’t that productive. Business people are much more focused on getting deals done, which is ultimately more rewarding. A good ending to a contract negotiation almost invariably has to include a compromise where both sides have to make tradeoffs between
A response I wrote to the above Quora question: As an initial matter, it is very subjective to ask what “all high school students” should know. For example, in response to “What understanding of automobiles should all high school students have?”, some people would say they should know the rules of the road, and others
(From a Quora answer I wrote to the above question.) Much of it has to do with the fact that the law of contracts is common law — meaning it is judge-made law, based on previous court decisions (at least in the US, UK, and most Commonwealth countries). Other judges deciding similar cases at a