iPod Anybody read the iTunes Terms and Conditions?

[iStudentUK]

What is the point in having a contract which one party doesn't read or understand? The point of the contract is to confirm agreement, but how can you have agreement if one side doesn't even know to what they're agreeing?

It's a long established rule of contract law that if you sign it you agree to it, with a couple of narrow exceptions. Technically people are free to read it and get legal advice on it, of course nobody does!

Fortunately, many jurisdictions have limitations on what can go into a consumer contracts as they know about these issues. The law helps restrict what is valid in the T&Cs and what is not, it's not perfect but it's better than nothing.

 

[whooleytoo]

It's a long established rule of contract law that if you sign it you agree to it, with a couple of narrow exceptions. Technically people are free to read it and get legal advice on it, of course nobody does!

Fortunately, many jurisdictions have limitations on what can go into a consumer contracts as they know about these issues. The law helps restrict what is valid in the T&Cs and what is not, it's not perfect but it's better than nothing.

It's very worrying that now it's become more or less accepted that most people don't/won't read/understand long T&C contracts but will just agree to them to get at what they want; because - as you say - the contracts are binding regardless of whether you understand them or not.

It gives companies a lot of license to bias the contract greatly in their favour without the customer ever even knowing.

The Terms & Conditions SHOULD be easily readable by the person agreeing to them, otherwise what's the point?

 

[iStudentUK]

It gives companies a lot of license to bias the contract greatly in their favour without the customer ever even knowing.

The Terms & Conditions SHOULD be easily readable by the person agreeing to them, otherwise what's the point?

I agree, it's a balancing act. We can't have a defence of "I didn't understand" as it's their fault, but equally we can't have it so complex that there is no chance of understanding.

Although the current system isn't great, it's not all bad news. If a contract is deliberately difficult to read in order to be confusing that won't stand up. Also, if a clause is ambiguous it will be interpreted in the most favourable way for the person who didn't write it. The EU also has a regulation that means contracts with consumers should be written in as plain, intelligible language as possible.

I'd guess there are clauses Apple has written that could be challenged if anyone really wanted to. Two years ago the Office of Fair Trading 'persuaded' Apple to change its UK T&Cs on the UK Apple Store to make them comply with the law.