Question

Do you think that "terms and conditions" agreements that you click on when using software and online services (like amazon, itunes, netflix etc.) are enforceable as a contract? Why or Why Not?

Answer 1

The "terms and conditions" agreements are enforceable as a contract because:

1. The user has agreed to it (regardless of they have read it or not).

2. The enforcer has alread agrred to the terms and conditions by posting the on the software.

3. The user had the opportunity to decline it.

4. There was a valuable consideration for the contract and it was explicitly stated.

Certain conditions should be met before it is enforceable:

1. The user had an opportunity to go through the contract.

2. There was a reasonable provision available to save the contract.

3. The user had the option of not agreeing to it.

4. The terms and conditions could be easily found by the user.