Not necessarily true - the court could find that you accepted by conduct i.e. taking the pictures. It'd be arguable as to whether that included the terms and conditions that they put on the paper, but generally speaking if there are terms and conditions and you are aware of their existence their offer of contract will include those terms and conditions, and any acceptance by conduct will be taken as acceptance of those terms and conditions. Non-incorpation of the terms is one of those arguments that's enough of a runner to be worth litigating if it comes to it, but generally one that gets settled because there's a high risk that the judge will find in favour of incorporation if it goes to trial.
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timeasmymeasure
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Date: 2005-11-08 01:29 pm (UTC)Not necessarily true - the court could find that you accepted by conduct i.e. taking the pictures. It'd be arguable as to whether that included the terms and conditions that they put on the paper, but generally speaking if there are terms and conditions and you are aware of their existence their offer of contract will include those terms and conditions, and any acceptance by conduct will be taken as acceptance of those terms and conditions. Non-incorpation of the terms is one of those arguments that's enough of a runner to be worth litigating if it comes to it, but generally one that gets settled because there's a high risk that the judge will find in favour of incorporation if it goes to trial.