contract-law canada
Can reading a something mean agree to to a contract?
<p>I understand that a contract can be created by the actions undertook by the involved parties. When you visit a website you agree to the ToS by using the website (regardless if you read it or not). Related to my <a href="https://law.stackexchange.com/questions/50775/can-an-employer-charge-employee-contractor-a-processing-fee-for-payment?noredirect=1">previous question</a> I had an employer deduct a small fee to process my payment, they argued that they were allowed to because it stated they would on the website I had to use for the job. Does this even form a contract?</p>

<p>Another example, I went to a library and started using a computer. The librarian came up to me and pointed out a sign saying I had to pay before using the computer (which is uncommon where I live). Is there a contract formed by just having a sign? Hypothetically could the library sue me for not paying?</p>

<p>Further, if there was a sign on the door to a private building saying you have to pay $20 to enter, if you didn't read the sign and entered, could the owner demand $20 from you? </p>

<blockquote>
  <p>Can reading a something mean agree to to a contract?</p>
</blockquote>

<p>Just reading — no.</p>

<p>Reading <em>and</em> <strong>acting</strong> as if you have agreed — yes. This is called "acceptance through conduct".</p>

<blockquote>
  <p>I had an employer deduct a small fee to process my payment, they argued that they were allowed to because it stated they would on the website I had to use for the job. Does this even form a contract?</p>
</blockquote>

<p>Yes — because you read <em>and</em> <strong>continued to use</strong> the website.</p>

<blockquote>
  <p>librarian came up to me and pointed out a sign saying I had to pay before using the computer (which is uncommon where I live). Is there a contract formed by just having a sign? Hypothetically could the library sue me for not paying?</p>
</blockquote>

<p>Provided that you read the sign <em>and</em> <strong>started using</strong> the computer — yes. However, because you did not see the sign, the library had failed to communicate the terms of the offer to you, which means there was no contract. However to however, if you continue using the computer even after the librarian tells you that you have to pay, you now accept the offer through conduct. In this case, the library could sue you for damages should you not pay.</p>

<blockquote>
  <p>if there was a sign on the door to a private building saying you have to pay $20 to enter, if you didn't read the sign and entered, could the owner demand $20 from you?</p>
</blockquote>

<p>If the sign was so conspicuous that no <a href="https://en.wikipedia.org/wiki/Reasonable_person" rel="nofollow noreferrer">reasonable person</a> would have missed it — yes (because you should have read it <em>and</em> then you <strong>entered</strong> the building. But you could get away if you convinced the judge that you genuinely did not see/read the sign, for which you would have to have a plausible excuse (e.g. vision impairment).</p>

<p>The thing in writing is basically an offer to enter into a contract. Some contracts can be accepted by your actions rather than by signing a document or stating that you accept the terms of the contract. When you take action in the face of a notice of the kind you describe, you have entered into a contract by taking an action, thereby accepting the written offer.</p>

<p>It isn't always entirely clear that actual knowledge of the notice is required, but at a minimum, the notice must be such that a reasonable person would have noticed it in order to be binding. In some websites, whether there are terms of service but only a very sophisticated computer user would be able to find them, the terms of service have been held to be not binding.</p>

<blockquote>
  <p>Can reading a something mean agree to to a contract? Does this even form a contract?</p>
</blockquote>

<p>No. The sole act of reading does not imply reader's agreement.</p>

<p>Both reading and declining to read merely reflect person <em>A</em>'s intent that his decision regarding person <em>B</em>'s terms &amp; conditions (T&amp;Cs) be an <em>informed</em> one. From that point on, person <em>A</em> is presumed to have made an informed decision regardless of whether or not he actually took the opportunity to become aware of the T&amp;Cs.</p>

<p>The contract is formed only if person <em>A</em> somehow signals his acceptance of the T&amp;Cs person <em>B</em> has <em>de facto</em> sought to inform him. At that point person <em>A</em> and person <em>B</em> become <em>parties</em> to that contract or agreement.</p>
