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A comment on No one reads the terms of service. Lawmakers want to fix that with 'TLDR' bill. Parent comment

Re:No one reads the terms of service. Lawmakers want to fix ... by el_dev_hell on Sunday December 11, 2022 @11:32PM (#33950893)
Usually by the Reasonable Person Test: https://en.wikipedia.org/wiki/Reasonable_person.

It can be pretty subjective, but it often gets clarified with enough common law precedent (which can be amended with a new law if it becomes abused/unfair/odd).

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Re:No one reads the terms of service. Lawmakers want to fix ... by NoboruWataya on Monday December 12, 2022 @05:23AM (#33953054)
The top level comment is talking about Germany, which is not a common law jurisdiction.
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Re:No one reads the terms of service. Lawmakers want to fix ... by johannes1234321 on Monday December 12, 2022 @07:19AM (#33953902)
Precedent by other court decisions is still relevant for law interpretation in Germany. BVG and BGH decisions are law-like. With a somewhat good argument any court decision can become a good template for a case.

The opposite is also interesting to observe: In common law countries the written law also becomes more and more fine grained limiting jurisdical law making.

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