Great Expectations for $100K Are Nice, But You Should Still Put Them in the Contract I probably like Article 2 of the Uniform Commercial Code more than most lawyers, but even I have to recognize its limitations. Article 2 governs sales of goods, from candy bars to...
Wherein I Explain My Behavior I’ve been MIA from the Blog with No Name for a while. Sorry about that. I’ve been struggling with a guest blog, which might turn into a full-blown article, about why it was wrong, wrong, wrong for Nimmer on Copyright to so...
Wherein I Explain My Behavior I’ve been MIA from the Blog with No Name for a while. Sorry about that. I’ve been struggling with a guest blog, which might turn into a full-blown article, about why it was wrong, wrong, wrong for Nimmer on Copyright to so...
In the last couple blog posts, we talked about best practices to ensure that your website Terms of Use are enforceable as a contract with your customers. We talked about the different kinds of “wrap” agreements – “clickwrap,” “browsewrap,” and the far more...
Last time, we told you a scary story about how Zappos hid its Terms of Use from its customers and then couldn’t rely on them to force customers into arbitration when it mattered. This time we’re going to talk about the other reason the arbitration...
We’ve come across a couple of cases this year that serve as “teachable moments.” This might be the best one yet. Certainly it was a good one for Zappos. The premise for our Lesson of the Day is that basic contract principles require, as the Court in this case said,...
