Most kinds of agreements are enforceable if you have proof. Digital proof is still proof
I would think that a valid digital contract would involve 2 cryptographic digital signatures. Anything less than that is just a glorified, easily spoofed, text document
Not the point. Like the person you replied to said, as long as you have proof then in many jurisdictions it doesn’t matter how the agreement was made.
You can create a company here with a handshake (literally).
But you can’t have proof for digital agreements. Was I of sound mind when I accepted them? Did I accept them by accident? Was it me or somebody else on my device that accepted them? How can you prove any of this?
There are presumptions that you were of sound mind and it was you. Unsurprisingly, courts are full of weasely, pro se people who waste everybody’s time because they, very much incorrectly, think that they can get out of agreements by going into court and making the brilliant, one of a kind argument of “but your honor, they can’t prove that I clicked it. I was hacked/someone else must have logged in as me!” People do this all the time and they lose all the time. Modern commerce literally would not function without these presumptions.
Edit: also, fwiw, there are exceptions but generally speaking verbal agreements were and still are very much valid, whether written or not, unless the agreement fell into certain categories (e.g., sale of land). Same deal, annoying people think they can outsmart the system by just saying “but your honor, none of this was ever put to paper.” They are, with important exceptions, also generally wrong.
You can print it out. Haven’t you ever seen judge Judy?
You could say that! Companies often put shit in the EULA that isn’t enforceable. Kinda like most non-competes aren’t enforceable. You cannot sign your rights away.
Much like wage theft, it’s on you to know your rights and stand up for them. We really ought to have more orgs fighting to make people aware of their legal options.
How do you think the rich got rich?! Sure, some had starting capital, but that don’t last. There are always vultures looking to steal from you, take advantage of you. The rich stay rich, and gain more riches, because they know their legal options. And the rest of us take it up the ass because we don’t.
No no. The modern day phrase would be “An online agreement isn’t worth the text file it’s saved to…unless of coarse that online agreement is backed jp by a mega corporation, in which case fuck you peasant! We’ll even enforce things that AREN’T in the deal! And the judges will side with us!”
I mean, it’s not the kind of phrase that rolls off the tongue, but it’s accurate.
