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Is the EULA about to become "unconstitutional"?

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savet:
O'Brian is correct.  If an agreement violates state/federal laws, it's worthless.

Take for example contracts with minors.  Regardless of whether the minor knew the terms of the contract, they cannot be held to the terms should they decide to default.

And for a more twisted example...sex with a minor.  It doesn't matter if both parties agree.  Sex with a 12 year old is illegal no matter how much both parties consent...

Xeen:

quote:Originally posted by Rio:
O'Brian is correct.  If an agreement violates state/federal laws, it's worthless.

Take for example contracts with minors.  Regardless of whether the minor knew the terms of the contract, they cannot be held to the terms should they decide to default.

And for a more twisted example...sex with a minor.  It doesn't matter if both parties agree.  Sex with a 12 year old is illegal no matter how much both parties consent...
--- End quote ---


You don't understand what I am saying. I'll use your example. Sure, sex with a minor is illegal even if both parties agree. BUT what if an adult had sex with a minor BEFORE there was a law saying it was illegal? Are they gonna go arrest every person who had sex with a minor before the law was passed? NO.

savet:
But if the EULA already violates consumer rights, as implied in the article, then it is in violation of the law before a any court ruling is made.  The court ruling is just confirming the violation.

So if consumer rights laws were changed and then the EULA was found in violation, you would be correct.

However, taking the consumer rights laws as they are, and assuming the EULA was agreed to after such laws were put in place, if it's found to be in violation, it would be void, or at least the portion in violation would be void.  Most good contracts anymore have a stipulation that allows the remainder of the agreement to remain in effect, and only the parts found to be illegal or unenforcable are removed.

Edits = late at night and half asleep

[ March 31, 2004: Message edited by: Rio ]

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