Posted by Harlan Messinger on 09/12/06 19:21

Andy Mabbett wrote:
> In message <4mntr3F70gdiU2@individual.net>, Harlan Messinger
> <hmessinger.removethis@comcast.net> writes
>
>> Andy Mabbett wrote:
>>> In message <4mld9vF6nv08U1@individual.net>, Harlan Messinger
>>> <hmessinger.removethis@comcast.net> writes
>>>
>>>> A click-through agreement possesses all the elements that, in the US
>>>> at
>>>> least, constitute a valid contract, and to anyone familiar with
>>>> contracts this much is obvious.
>>> Claiming "this much is obvious" is hardly a strong argument; not
>>> least
>>> because it's far from obvious.
>> If you know what constitutes a contract in the first place, yes, it is
>> obvious,
>
> I know what constitutes a contract and no, it is not obvious (that all
> the elements are possessed by a click-though EULA).

Two parties, agreement, free will, consideration, etc., etc., all are
perfectly capable of existing in a EULA. What element do you think is
inherently absent from a EULA?

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