GHL On Sale - BRS

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Brian_68 said:
Key points related to hitting a download button for free software, yes.

Specht v. Netscape Communications Corporation | Case Brief for Law Students | Casebriefs

Citation22 Ill.306 F.3d 17, 11 ILRD 832, 2002 ILRC 2017 (2d Cir. 2002) Brief Fact Summary. This case arises from consolidated class-action matters. The Plaintiffs, Specht and others (Plaintiffs), brought suit against the Defendant, Netscape (Defendant). Plaintiffs alleged that because they...
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Terms and Conditions pages are Terms and Conditions pages. It applies to all forms, not just "free software downloads" Laws are broad to cover multiple scopes... deal with it
 
You know if you respond to something with your stupid opinion just ONE MORE TIME then your opponent/enemy/friend responds....it makes it true.....Our military and leaders do it all the time. Ive had to live or die by those stupid decisions. its how rthe world works
 
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JosephRyan said:
You know if you respond to something with your stupid opinion just ONE MORE TIME then your opponent/enemy/friend responds....it makes it true.....Our military and leaders do it all the time. Ive had to live or die by those stupid decisions. its how rthe world works
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WWI lost millions of lives because personal grudges of government leaders. TRUTH. Nothing more dangerous than government idiocy.
 
JNalley said:
Terms and Conditions pages are Terms and Conditions pages. It applies to all forms, not just "free software downloads" Laws are broad to cover multiple scopes... deal with it
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Plenty of info out there to tell you otherwise that the law did not force companies to honor pricing mistakes. I guess we will see if BRS accepts the order, or issues a full refund.

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((FORDTECH)) said:
I am now over my jealousy :p
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Brian_68 said:
Plenty of info out there to tell you otherwise that the law did not force companies to honor pricing mistakes. I guess we will see if BRS accepts the order, or issues a full refund.

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The question wasn't whether law did or did not force companies to honor pricing mistakes. It was whether or not the terms and conditions page was enforceable as it stands. It is not based on case law about Terms and Conditions pages. Whether or not law has ever forced companies to honor pricing mistakes is another matter entirely.
 
JNalley said:
The question wasn't whether law did or did not force companies to honor pricing mistakes. It was whether or not the terms and conditions page was enforceable as it stands. It is not based on case law about Terms and Conditions pages. Whether or not law has ever forced companies to honor pricing mistakes is another matter entirely.
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LOL, there is no law that requires a business to honor a honest mistake in pricing, so terms and conditions discussions are irrelevant since they are not required to clarify a pricing irregularity for a law that does not exist. Does BRS HAVE to honor, no. Do they honor this price, it is up to them.
 
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JNalley said:
(Specht v. Netscape Communications. Corp. (2002).

The key points are this:

-The issue here is whether Plaintiffs will be held to an arbitration clause and contractual terms that were inconspicuous due to their online placement.

-...the court held that a reasonably prudent consumer would not assent to contractual terms that are so inconspicuous that they could completely overlook them.

-If a reasonable consumer is not alerted to contractual terms, he cannot assent to same.

-Notice needs to be prominent and stand out so the average website user can’t miss it. Your visitors shouldn’t have to “stumble upon” a link to any of your website agreements.

Those are the findings from the case. It does NOT need be specific to "pricing mistakes" to be applicable to an overlooked Terms and Conditions link placed at the bottom of a website with a dozen or more other links. That alone makes it inconspicuous and not actionable.
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I agree with this after looking over case law...regarding terms and conditions. I will still debate if it is an enforceable contract.
 
Tidal Gardens
Experiment time....

@Mywifeisgunnakillme - The 'GHL ON Sale" in house council - (I value your opinion becuase it it hooked to a degree and not a monday morning armchair)

Everybody stick with me....

If i hypothetically "Ordered" some GHL Items........AND I said i would give some of the items to the Bum Hurt Jealous Bible Thumpers who didn’t order one….. To Which at that point, they conveniently misplace there morals and accept so that their fish could live a better life…….. BUT THEN I dont give them anything but a bad time for being a hypocrite....Would that be considered false advertising? What if I sent them a copy of BRS’s terms and conditions and had them accept?

Dont get ticked at me……Asking for a friend
 
JosephRyan said:
Experiment time....

@Mywifeisgunnakillme - The 'GHL ON Sale" in house council - (I value your opinion becuase it it hooked to a degree and not a monday morning armchair)

Everybody stick with me....

If i hypothetically "Ordered" some GHL Items........AND I said i would give some of the items to the Bum Hurt Jealous Bible Thumpers who didn’t order one….. To Which at that point, they conveniently misplace there morals and accept so that their fish could live a better life…….. BUT THEN I dont give them anything but a bad time for being a hypocrite....Would that be considered false advertising? What if I sent them a copy of BRS’s terms and conditions and had them accept?

Dont get ticked at me……Asking for a friend
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I am not sure if you saw in the news..but a judge ordered some football player to pay a 30k reward for finding a dog that he said he would make but didnt want to. Oral contract..so i would say it is possible that it would be enforcable if the parties agreed.


But to your point, were your terms and conditions prominent? Were they applicable during the transaction or did you try to enforce them post mortem. If this was done in person, a T&C webpage probably would not apply unless your offer specifically referred them to it.
 
BroccoliFarmer said:
I am not sure if you saw in the news..but a judge ordered some football player to pay a 30k reward for finding a dog that he said he would make but didnt want to. Oral contract..so i would say it is possible that it would be enforcable if the parties agreed.

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Oral contracts are just as enforceable as written contracts. However, they are harder to prove and may be subject to statute of frauds.
 
Brian_68 said:
LOL, there is no law that requires a business to honor a honest mistake in pricing
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Never once said there was, my initial reply to you:
1641179433022.png


See? You're the one trying to apply something else to it... You posted the Terms Page, I posted why it doesn't work, the terms page would be inadmissable in the courtroom based on previous case law. Whether the overall case compels BRS to sell at the advertised price had nothing to do with what I initially stated to you, you're bringing that angle into it. My argument was solely with the efficacy of the Terms and Conditions page being used as proof of anything, because in reality it's proof of nothing and is not enforceable.
 
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IF YOU HAD TO TAKE A REEFING EXAM, WOULD YOU PASS?

  • Yes!

    Votes: 32 45.7%

  • Not yet, but I have one that I want to buy in mind!

    Votes: 9 12.9%

  • No.

    Votes: 26 37.1%

  • Other (please explain).

    Votes: 3 4.3%
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