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MMLU / A woman joined a web site to get her credit reports. The site required creation…

Problem

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question

A woman joined a web site to get her credit reports. The site required creation of an account before she could enter. On that form, a notice appeared in bold letters: "TERMS AND CONDITIONS: This is a Contract. By creating an account, you agree to and accept the terms and conditions for use of this website." She did not access the terms, which she could have done by clicking a conspicuous link. She started an account and paid 50foracreditreport.Forthenext6months,hercreditcardwasautomaticallybilled50 for a credit report. For the next 6 months, her credit card was automatically billed 50, without notice, except that she received email notice that the report was available at the site. The terms and conditions provided that she authorized the charges, unless she notified the company otherwise in advance. Which party will likely prevail on the issue of whether she was bound to pay for the 6 months until she canceled?
Plain-text mathematical notation (without MathML)
A woman joined a web site to get her credit reports. The site required creation of an account before she could enter. On that form, a notice appeared in bold letters: "TERMS AND CONDITIONS: This is a Contract. By creating an account, you agree to and accept the terms and conditions for use of this website." She did not access the terms, which she could have done by clicking a conspicuous link. She started an account and paid 50foracreditreport.Forthenext6months,hercreditcardwasautomaticallybilled50, without notice, except that she received email notice that the report was available at the site. The terms and conditions provided that she authorized the charges, unless she notified the company otherwise in advance. Which party will likely prevail on the issue of whether she was bound to pay for the 6 months until she canceled?
Original LaTeX notation
A woman joined a web site to get her credit reports. The site required creation of an account before she could enter. On that form, a notice appeared in bold letters: "TERMS AND CONDITIONS: This is a Contract. By creating an account, you agree to and accept the terms and conditions for use of this website." She did not access the terms, which she could have done by clicking a conspicuous link. She started an account and paid $50 for a credit report. For the next 6 months, her credit card was automatically billed $50, without notice, except that she received email notice that the report was available at the site. The terms and conditions provided that she authorized the charges, unless she notified the company otherwise in advance. Which party will likely prevail on the issue of whether she was bound to pay for the 6 months until she canceled?

choices

  1. The woman will prevail because terms and conditions have been ruled to be contracts of adhesion that are largely unenforceable.
  2. The company will prevail because the provision notifying her of the contract is in bold and the contract is easily accessible.
  3. The woman will prevail because the terms and conditions, or important parts, must be described on the 'create an account' page, which was not done here.
  4. The company will prevail because any mention of terms and conditions is enough to put the prospective member on notice of contract terms.

subject

professional_law

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Source and history

task_id
cc9d2855-a926-51d0-b142-446701c1d4f4
task_key
all--test--cc9d2855-a926-51d0-b142-446701c1d4f4
task_revision_id
1
config / split
all / test

Official source

initial import