I understand that this post’s title may seem strange, given my weekly post examining the fine print for major consumer services or products. That said, a recent post regarding the problems with fine print in software user agreements spurred this reaction from me, which is not at all inconsistent with my goals as an attorney focusing on contracts.
I understand well the frustration with not only the absurd volume or provisions in these things, but also the amazing laundry list of rights each of us gives up every time we agree to one of these contracts.
That said, there has been a small movement starting recently regarding the simplification of contracts, making them clear enough for the consumer to understand without the aid of multiple readings or an attorney. This has the effect of ensuring that the consumer understands what his or her rights and duties are, as well as actually making it more difficult for the consumer to litigate against it. That’s because the consumer no longer has the argument available that s/he did not understand what s/he was agreeing to. And if a consumer doesn’t bother to read a simple, one-page contract, then that is unreasonable neglect that may not be present in 25-page monstrosities.
It is not at all unreasonable that consumers should be able to demand this sort of clarity in their contracts. Nor is it unreasonable for corporations to simplify their contracts to make their customers and the public at large happy.
(Photo by Infrogmation - I particularly like the gorilla.)
About Graham Martin
Graham Martin is a solo practitioner focusing on Contract law (including drafting, review, and litigation). He operates Martin Legal Services, LLC in the Minneapolis-St. Paul area.
