Endymio
Posts: 5,152 +4,811
I'm unsure what color the sky is in your world, but here on earth contracts are regularly invalidated for suc. I could quote countless of district-level cases paywalled behind LexisNexis, but let's stick to just some high-profile cases that made it to the appellate level:For example, this "meeting of the minds principle" stuff is a non starter. I suspected you were making things up when you doubled down on this. Opposing counsel will simply point to the language in the agreement and that's summary judgment. Next.
In Kotler v. Shipman Associates, LLC, C.A. No. 2017-0457-JRS:
"Fully Executed Contract Ruled Unenforceable ... the Court of Chancery held that a fully executed agreement between an employee and her employer did not reflect a meeting of the minds and therefore there was no valid contract...."
Fully Executed Contract Ruled Unenforceable
A recent Delaware Court of Chancery opinion should be read by all lawyers who seek to avoid the risk of a fully executed contract being ruled
www.delawarelitigation.com
Utica Builders, LLC v. Collins, a New York court ruled there was no binding contract for a real estate sale because there was no "meeting of the minds"
"... The existence of a binding contract was not dependent on the subjective intent of the parties. In determining whether the parties entered into a contractual agreement, the Court looked to the objective manifestations of the intent of the parties as gathered by their expressed words and deeds. To create a binding contract, there must have been a meeting of the minds, such that there was a manifestation of mutual assent sufficiently definite to assure that the parties were truly in agreement with respect to all material terms."
"Offer and Acceptance” and “Meeting of the Minds” Déjà vu
www.sgrlaw.com
Which is why courts give extreme deference to "no meeting of minds" claims by individuals seeking to invalidate such TOS contracts. Learn how the laws operate in the country you live in: it will serve you well.Nobody is out there negotiating contracts with Amazon or Sony prior to "purchasing" a video. I think you know this is an absurd notion.