It just won’t fly in court. Full stop. There are perhaps other defenses to be raised, like unconscionable terms, but not that one.
It just won’t fly in court. Full stop. There are perhaps other defenses to be raised, like unconscionable terms, but not that one.
I think that means one of the things: the court system is broken, you are wrong, or I failed to be clear and you misunderstood me. So, to be clear, if a company buries or obscures terms while making it seem like they have presented them, so you agree without reading the actual terms, you cannot defend yourself by explaining that situation?
It really depends on the term they're trying to rely on. We have the "red hand rule" in England and Wales that means that unusual and onerous terms will not be incorporated unless it can be expressly shown they were fairly brought to the parties attention.