Isn't that a bit extreme? As a counterpoint, I find it useful to be able to pay for a train journey by tapping my card on an electronic reader - no representative of the company is there or otherwise witnesses me doing so - but I have entered into a contract whereby I am entitled to travel to a distant location. And I do want it to be a contract, because the transport company agrees to get me to my destination somehow even if the trains are cancelled. Perhaps the conditions of carriage may be somehow unsatisfactory to me, but the way in which I enter into the contract is almost entirely unrelated.
There is well established case law on the contract that forms when you buy something from a store (say with cash). There is a contract, on implied terms . I think what we’re talking about here is entering into a contract (or not) on explicit terms dictated by one party where the other party has not explicitly considered them and barely given the opportunity to do so if at all. I don’t think anybody is denying the ability of contracts coming into existence on implied terms.
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>but I have entered into a contract whereby I am entitled to travel to a distant location.
I'm not sure why you drape this in the clothing of "legal contract". If the train fails to take you to your destination, they certainly aren't in breach. It seems really one-sided. Why do they need it to be a contract? Will you come and claw back the fare from them with them having no legal recourse?
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