Posted by Harlan Messinger on 09/13/06 14:30

Andy Mabbett wrote:
> In message <4moflkF75pcaU2@individual.net>, Harlan Messinger
> <hmessinger.removethis@comcast.net> writes
>
>> Two parties, agreement, free will, consideration, etc., etc., all are
>> perfectly capable of existing in a EULA.
>
> Sure, they are all /capable/ of existing. Now explain how you think you
> can determine, for any given case, that they /do/ exist.

It isn't *less* possible to establish their existence than in the case
of an oral contract, since electronic and possibly paper records are
kept. Since oral contracts can be found to be binding, it follows that
it's possible to provide sufficient evidence of the existence of the
basic elements of a contract in an oral agreement. Since it's even more
possible to do so with an on-line EULA, there's no less reason why an
on-line EULA could be established to be a contract and found to be binding.

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