fatman
Joined 14 years ago
Joined 14 years ago
I took a Masters CS class some time ago, and for our final class project, not knowing anyone else in the class, I got lumped in the "leftover" group with a working engineer and a Wharton MBA student. We meet up the day before the project is due to integrate each of our individual pieces together into a final submission and the MBA candidate shows up empty handed. Turns out he had spent his time trying to "schmooze" the answers/code out of the professor and the TA, who, to their credit, had stood firm. Guess who spent that entire night writing that dolt's portion of the project from scratch.
I would expect an MBA to bluster on in an area in which he was clearly out of his depth.
The classic notion of a contract as an expression of the compromises forged in a battle between two sophisticated, represented parties has been replaced by overlawyering, boilerplate, and clickwrap.
http://abovethelaw.com/2010/06/do-lawyers-actaully-read-boil... (Judge Posner is perhaps the most acclaimed US jurist not on the Supreme Court - a "Law and Economics" pioneer who can roughly be described as libertarian)
What's the solution? Hold consumers responsible for every detail of wordy documents they didn't have the time to read, much less negotiate? Make companies bear the costs of every complaint - real, imagined, or fraudlent - a consumer can dream up? Companies can be cheap and sneaky, and consumers can be petty, stubborn, and stupid.