IN THREE COURT DECISIONS IN THE PAST SEVERAL MONTHS, two themes emerged: reading the contract before you sign and understanding the law that applies. In the first case, a court needed to decide which of two contracts controlled. In the second, the party seeking to enforce its contract was unable to do so because a provision on which it relied was unenforceable. In the third, an amendment made the contract enforceable even decades later. Courts typically enforce contracts as “written and agreed to” by two parties. Do-overs are disfavored. A fourth decision dealt with inadequate evidence of consumer “clickwrap” terms and conditions, in which a party failed to prove that a contract was read and signed by a particular consumer.
Originally published by Illinois Bar Journal, Vol. 112 #11 - November 2024.
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