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I think the word is "unconscionable". Or at least that's the term for when a contract is so abusive it is not valid.

The thing is that, as you say as I understand it, whether a contract is considered unconscionable is normally a complex question; for example, terms that are unconscious in a residential real estate contract can be included in a commercial real estate contract because a commercial renter is considered more sophisticated (and so if you rent commercially, you better be sophisticated and count your fingers after every hand shake). One guiding question is whether the signer really knows what he getting into.

By that token also, I believe a number of terms are considered unconscionable if you click through them on a website. I would speculate that if a vendor sent an actual devil who blew smoke out his ears and demanded a video-taped signing in blood celemony, that vendor would have a stronger claim that "the signer knew exactly what he was getting into".

Will Apple employ Devils in the future? I think Microsoft may have them all tied up...

IANAL of course...




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