TIP: Click on subject to list as thread! ANSI
echo: public_domain
to: Rod Speed
from: David Galbraith
date: 1994-09-27 16:05:16
subject: [D] Are shrinkwrap li 2/2

DB> Rod, I'm not saying all the clauses in the contract are 
DB> enforceable -

 RS> You were attempting to suggest that the well known problem 
 RS> with conditions on a ticket not being enforceable was due to
 RS>  those only being visible too late. In fact there are plenty 
 RS> of examples where conditions arent enforceable even when 
 RS> seen early enough.

The only reason that these conditions are unenforcable is due to them being
illegal.  One of the fundamental principals of contract law is that you are
unable to contract out of legal obligation.  If a particular clause in a
contract does this then it would be up to the legal system to decide
whether the entire contract was invalidated, or just the said clause.

Regards,

David Galbraith
---
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