The judge notes the two parties had demonstrated a long history of executing contracts and doing business together in this manner, which he used as a basis to find "consensus ad idem" (a meeting of the minds).
This is novel and the lack of traditional formality may seem a bit scary. But compared to all the sleazy browsewrap and clickwrap Terms of Use pages out there on websites which have some degree of jurisprudence to support them, it's downright incandescent in clarity (especially the ones that bury their copy-pasted terms on an ancillary page).
This is novel and the lack of traditional formality may seem a bit scary. But compared to all the sleazy browsewrap and clickwrap Terms of Use pages out there on websites which have some degree of jurisprudence to support them, it's downright incandescent in clarity (especially the ones that bury their copy-pasted terms on an ancillary page).