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The definition of contract
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Has Achieved Nirvana
Picture of Daniel
posted
I received this email yesterday.

'Hi Daniel,

We’re making some changes to our legal agreements that will apply to you.

There is no action needed from you today, but if you would like to learn more, you can find details about these changes, when they apply and what you can do if you want to decline the changes on our Policy Updates page. You can also view these changes by visiting PayPal.com, clicking ‘Legal’ at the bottom of the page and then selecting ‘Policy Updates’.

If you have questions about any of these changes or your account, please don’t hesitate to get in touch with us.

Thank you for being a PayPal customer.

Sincerely,

PayPal"

I think the key part is, "... you can... do if you want to decline the changes..."

I'll read it later but note it doesn't say you can do anything.

I use PayPal to send money to my sister. I'm not posting this because it's high finance. I'm posting it because I think it's emblematic of civil contacts in the real world.

How is this a, "contact"? How is it, "a meeting of the minds"?

I can't see how. It seems more like the way the mafia operates instead of any definition of, "capitalism" to me.

Comments?
 
Posts: 25325 | Registered: 31 March 2007Reply With QuoteReport This Post
Has Achieved Nirvana
Picture of QuirtEvans
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This is the legal world that exists with respect to the internet today.

You originally agreed to PayPal's terms of service. You didn't have to, but they would have refused to do business with you on any other basis. That was the contract.

Among their terms of service, I'm sure, was the right to update those terms of service at any time, in their discretion, by giving you notice. In effect, it's like any other contract amendment provision, except it gives one side the right to amend the contract at will. And that's what they are doing now.

Every sizable website in the United States, probably the world, does it this way. This is the world we are in now.

There used to be a concept of contract of adhesion ... where you had no choice but to agree, and refusing the contract wasn't a realistic option, therefore a court might not enforce the terms. But that concept has pretty much gone out the window.
 
Posts: 45838 | Registered: 20 April 2005Reply With QuoteReport This Post
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Picture of Daniel
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Well, it isn't only in regard to the internet (e.g. employers routinely dictate pay; you can sign or not). In fact, I could think of many examples.
 
Posts: 25325 | Registered: 31 March 2007Reply With QuoteReport This Post
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Picture of jon-nyc
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Credit card companies did this before the internet.

Send new terms and say any new use falls under the new terms.


--------------------------------
If you think looting is bad wait until I tell you about civil forfeiture.

 
Posts: 33811 | Location: On the Hudson | Registered: 20 April 2005Reply With QuoteReport This Post
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Picture of QuirtEvans
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quote:
Originally posted by Daniel:
Well, it isn't only in regard to the internet (e.g. employers routinely dictate pay; you can sign or not). In fact, I could think of many examples.


You asked a question. I answered it.
 
Posts: 45838 | Registered: 20 April 2005Reply With QuoteReport This Post
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Picture of Daniel
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quote:
Originally posted by jon-nyc:
Credit card companies did this before the internet.

Send new terms and say any new use falls under the new terms.


Well, they did it after the repeal of the usuary laws.
 
Posts: 25325 | Registered: 31 March 2007Reply With QuoteReport This Post
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