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I get your point - and also that 'never' is not the right word - but I don't think the defense is that you didn't read the contract. There are plenty of cases where people get screwed over for not reading a contract.

E.g. if ToS said I needed to give up my first born to Adobe, the judge isn't going to side with me because I didn't read the ToS. They will side with me because the clause isn't valid.



To build on that, allow me to offer a real-world example: a General Contractor I worked with set up as his standard contract as a triplicate form, so you'd sign once and you'd keep one of the triplicate copies as your copy of the contract. The trick was that the back of the triplicate form was where he put the penalties for breaking the contract, but the signature section was on the front, so there was no indication that there were more terms on the back. One of his customers got fed up with his misbehavior, and he lost the ensuing court case because the contract was deemed to be misleading (hiding more clauses after the signature).

I'm not sure if this would fall into the same boat, but if the dark patterns get misleading enough, there is a real-world risk that the contract would fall into the same situation: misleading enough that the hidden portions of the contract can't be applied.




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