Page 37 - OHS, July/August 2022
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data. Everything else in the agreement? It’s hard to say, but you’re unlikely to ever be beholden to clause 14(b) in your phone contract, or the warranties and indemnity section of the car lease. As a result, few of us ever scrutinize every sentence in these lengthy documents.
Complacency and contracts are rarely spoken about in the same sentence, but the two are close cousins. It seems counter- intuitive on the face of it, but it’s actually quite straightforward. Contracts are all about risk management; they spell out what each party is obligated to do or not do, and what happens when those obligations aren’t met. And complacency, as we all know, is when people become overly familiar with risk, when they start perceiving a task as less risky than it actually is and, in some cases, tuning out risk altogether.
And make no mistake, it’s especially easy to tune out risk when it’s presented in a contract. We agree to let our Amazon Alexa device record and transmit every single word that’s spoken in our homes. We sign away all sorts of legal recourse in exchange for financing on a new car. But these risks—the very real likelihood that we will lose our privacy or be on the hook financially if something goes wrong—are easy to minimize in our minds or wave away entirely when they’re presented in contractual language.
Once you’ve signed a contract, you rarely revisit it. Even in the case of smartphone apps, where the terms of service are always
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