contract law on the internet

[Joe826]

here's a question for any of you with legal knowledge. under provisions for consent there are certain things which might make a signed contract null, like if the signator was forced to sign it or if they were mentally incapable of making a competent decision at the time of the signing.

if someone signed a contract online, and then claimed that they were forced to or whatever else in order to get out from under it, how would a court rule on something like this?

i'm curious because i'm talking with a friend who claims he's going to pull such a stunt on his cell phone bill. i told him he's completely stupid (especially since he's been using the service for some time now), but i was just curious what the ruling on something like this would be usually.

[pshreck]

It will never work, because of the kind of ridiculous precedent it would set.

However, if he has some rock solid evidence, then he could do it. But since you said its a 'stunt' then Im sure he doesnt have any.

[peachy]

uve given to lil info for me to legally advise here...depends on the circumstances and whats involved...a contract for how long...what service provider...how can u sign it online for a cell phone??

[pshreck]

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uve given to lil info for me to legally advise here

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I cant help but laugh at that.

Dont tell me you are a lawyer?

[peachy]

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uve given to lil info for me to legally advise here

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I cant help but laugh at that.

Dont tell me you are a lawyer?

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ummm i work for one...and it is a side passion...and it was a focus of study in school....

[scott8]

In theory it could work, in practice very unlikely.
The state of mind usually deals with duress, like a gun to your head when you signed, and of course your buddy would have the burden of proof if it went to court to show why the contract should be thrown out.
Doesn't sound like a winner to me.

[Joe826]

What kind of evidence would you need though? Seems like just having a buddy or two who could testify that you were drunk and completely out of your mind would be enough. Nobody could dispute it.

I realize it would set a ridiculous precendent, that's why I was curious on what grounds they would rule.

peachy - Just take the situation hypothetically. Like I already said, he's used the service for a good while now so if he actually tried it, they'd ask why he made no attempt to rectify his mistake when he came to his senses and he'd be screwed.

[pshreck]

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What kind of evidence would you need though? Seems like just having a buddy or two who could testify that you were drunk and completely out of your mind would be enough. Nobody could dispute it.

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This is incorrect thinking. First of all there is no precedent already set that being drunk nullifies a contract. It can, but its not guaranteed.

Second, I think a court would rule that you are capable to sign a simple cell phone contract, even when drunk (assuming you are able to fill out all correct information, cc #, click through the website).

I am not an expert on this, but unless the cellphone company coerced you into the contract, knowing you were drunk, then you have no real case. He made the concious decision to go through the process of getting into the contract, all on his own. Case closed.

[peachy]

A judge would laugh at u...u cant use being drunk an excuse for signing a contract ONLINE. If u were walking down a street and they saw u and made u sign something....ok. BUT if u were able enough to get online DRUNK then they will find u were able enough to find that contract on the "internet" and sign it....at bare minimum

[Joe826]

Ok ok, I really have no idea what i'm talking about here so go easy on me. I'm just trying to think of a hypothetical example that would make even online contracts void.

What if you claim it was actually your 15 yr. old brother who signed up for the service, using your CC and all your information? You could have him and some of his friends back up your claim and there wouldn't be anything the courts could do right?

I guess my real question here is, what sort of burden would be on the individual to prove that they didn't fully consent to the contract?

[pshreck]

Then you would have to bring charges against your brother for theft first of all. It will be hard to prove this. If you can prove it, that your card was stolen at the time the contract was signed, then you could get out of it.

But then whoever stole it will get legally punished / fined.

Bottom line, its close to impossible to get out of this contract without someone being held accountable for it.

[peachy]

It depends on the terms of the contract...for how long...and what service provider. It has nothing to do with the internet really...its contract law, which is pretty binding.

The best u could do is maybe argue the cell providers service doesnt work as they advertised or informed u, which might allow u out of the contract IF u talked to them, but without seeing the TERMS...i cant see any loop holes.

Its what a $200 termination or violation of contract fee? I dont see the reason for taking this to court?? Unless u racked up some monster charges u dont wanna be liable for and r now wanting out of the situation...????

[Joe826]

good enough for me. thanks guys/girls.

[MasterShakes]

I'm third year law, and it's been a couple years since Contracts, but I'll give this a shot.

Claiming that he was forced into a contract like this is pretty far off in my opinion. Why? Basically because he wasn't forced. The contracts that cellular service providers offer are what are called "take it or leave it" contracts. When somebody is trying to get out from under a contract, the fact that it was this type of contract can work against the cellular provider, but this is just one of many factors that could be considered.

Essentially, unless your friend can figure a way to claim that the contract was somehow "unconscionable," that the terms were difficult to understand, that important provisions of the contract were buried in fine print and not clearly labeled, AND that he was in a bad bargaining position, he won't succeed. In other words, he won't succeed.

I'm not a lawyer, and this is not meant to be serious legal advice.

[Voltron87]

I give you 1/1000 odds. Probably much less. I'm no lawyer, but I think this is getting thrown out of court pretty quick. You might, might have some argument if you hadn't been using the service for a period of time.