12
votes
What are the legal protections to buy if seller refunds instead of delivering what was purchased, which causes monetary losses?
Short Answer
You are legally entitled to the cost of an adequate replacement (possibly a lightly used previously owned computer) reduced by the amount refunded.
This is sometimes called a "...
- 229k
10
votes
Is a contract valid if one of the party doesn't even read it?
Typical examples are contracts you "accept" online, like TOS's and privacy policies. Nobody reads that... Websites know that nobody reads their huge TOS's or privacy policies, and it has also been ...
- 731
9
votes
Accepted
is a finger squiggle on an iPad truly binding?
Like a paper signature in ink or blood, a finger squiggle is merely evidence that you have agreed to the terms of a contract. You have agreed, and now you are know the downside of that agreement. ...
- 216k
7
votes
Accepted
What gives e-signatures legal standing/force in the United States?
Every state except New York, Illinois, and Washington has adopted the Uniform Electronic Transactions Act, and those three states have adopted their own electronic signature laws. At the federal level,...
- 24.2k
5
votes
If I copied an agreement and sent it as an email and had someone reply with the fields and "I agree" would it be a valid contract?
Yes, that would, or at least could, be a legal contract.
The key thing that makes a contract between two parties is the agreement, the intention to enter into a binding contract. The written words are ...
- 114k
5
votes
Accepted
Has a smart contract ever been enforced by a court?
Yes.
In Rensel v. Centra Tech, Inc., No. 17-24500-CIV-KING/SIMONTON, 2018 U.S. Dist. LEXIS 100720 (S.D. Fla. June 14, 2018), the plaintiff brought class-action securities claims against the developers ...
- 61.4k
5
votes
Are social media TOS invalid because lack of due process and mutuality creates an unenforceable illusory contract?
No
Contracts are not bound by due process. Due process is a rule of how a lawsuit has to be handled, not how a contract is to be handled. All the Due Process clauses in the US constitution simply don'...
- 43.1k
4
votes
Is a digital last will and testament on my cloud drive legally binding?
The general answer is, no, it is not valid in the US, see this article. Exceptions to laws recognizing e-signatures abound which exclude wills from general laws recognizing electronic signatures. ...
- 216k
4
votes
Contractor bailed after getting paid in full
I assume that you arranged a contract with some company which paid the contractor the full amount, and not you have to pay that company. If you stop paying the finance company, they will initiate ...
- 216k
4
votes
Accepted
French postal service's monopoly on industrial contract communications - legal basis?
In European anti-monopoly law, does that not represent some kind of
abuse and monopoly of communications?
As a general rule, governments are allowed to award monopolies to individuals or private ...
- 229k
4
votes
How to refer to an unknown signer, in the parties section of an agreement
One could replace:
The following agreement constitutes the relationship and commitments between Our Company LLC (Agency) and (Client).
With
The following agreement constitutes the relationship and ...
- 114k
4
votes
How it is proven that an e-mail or text message (SMS) was not forged by the recipient?
Each side presents the evidence that they wish and the court decides who to believe
This will involve lay witnesses who testify to what they saw and heard, expert witnesses who can give opinions and ...
- 218k
4
votes
Are social media TOS invalid because lack of due process and mutuality creates an unenforceable illusory contract?
Terms of service are often not contractual (although many are, particularly when associated with payments). They often merely state the conditions under which the provider is allowing you to use their ...
- 65.7k
4
votes
In fine print: Refund Policy
Am I entitled to a refund? Basically, is this about days or the actual
timestamp?
This would be a question of contract interpretation based upon all of the relevant facts and circumstances. I could ...
- 229k
3
votes
Undisclosed Cancelation Fees
Written Contract
If there was a written contract, the fact that it wasn't signed is not relevant. While a signature is evidence of agreement with the terms there are other ways that acceptance can be ...
- 218k
3
votes
Is it illegal to buy and/or sell "feet pics" or pictures of feet if the seller is a minor?
Yes, maybe
australia
In Australia, child abuse material is classified as the sexualised depiction of persons under 16 (or in some cases 18). This applies under both State and Commonwealth laws.
...
- 218k
3
votes
Accepted
Is an engagement letter the same as an approximate quote?
No.
An engagement letter is a written confirmation that you have hired a lawyer which also sets forth the contractual obligations of the parties (i.e. the basis upon which attorneys' fees will be ...
- 229k
3
votes
Accepted
Can you sue a DAO that offers "software as a coin"?
No LLC or corporate entity exists around or in relation to SoftDAO.
That's a bad thing, not a good thing, to those involved.
Mr. Founder is obviously liable. When he wrote the DAO, he intended ...
- 7,233
3
votes
Can I make a privacy policy on my own for free?
I know that I have to provide detailed information which data I save
and how I use it.
Yes, you should, if you are getting access to users' Dropbox accounts, which will contain all sorts of private ...
- 19k
3
votes
Accepted
Are digital copies of official documents lawfully represented?
Short Answer: There Is No International Legal Standard
The question of whether a scanned copy of a document is acceptable evidence in a court proceeding or bureaucratic procedure depends upon the ...
- 229k
3
votes
Why are Amazon and other vendors allowed to say "buy" an ebook or other digital asset when it is actually a license?
You can “buy” a licence
Buy simply means exchanging money for goods or services. A licence is a service that can be bought.
- 218k
3
votes
Accepted
Software to block contracts
The user did have notice
The just chose to prevent themselves from seeing it. The user is in control of their browser settings.
For a browse wrap, the onus is on the website to prominently display ...
- 218k
2
votes
Accepted
Are "Terms of Service" legally binding that are presented contrary to "Best Practices"?
At least currently, the presumption is that terms of a contract are understood by both parties, and there is no limit on the length or complexity of a contract. There is a risk that the writer of the ...
- 216k
2
votes
Contractor bailed after getting paid in full
We can't say much for sure without being able to see your contract (or contracts). Don't do anything now that may cause trouble later. Continue making payments. You are almost certainly going to ...
- 1,272
2
votes
Accepted
Could a voice response to (Amazon Echo) Alexa Skill be legally construed as a digital signature?
The CAN-SPAM act, enforced by the FTC, does not require prior permission to send email, but you cannot send a deceptive commercial message. If a message pretends to not be an advertisement (but is), ...
- 216k
2
votes
Is it illegal to buy and/or sell "feet pics" or pictures of feet if the seller is a minor?
There are two separate issues: is it legal for a minor to sell stuff, and are pictures of feet illegal? It is generally legal for minors to sell stuff, since minors can own stuff. However, minors are ...
- 216k
Only top scored, non community-wiki answers of a minimum length are eligible