kaled - 10:22 am on Mar 17, 2010 (gmt 0)
I have a lot to do today so I don't plan to get bogged down in an academic argument, however...
3 Liability arising in contract
(1)This section applies as between contracting parties where one of them deals as consumer or on the other’s written standard terms of business.
(2)As against that party, the other cannot by reference to any contract term—
(a)when himself in breach of contract, exclude or restrict any liability of his in respect of the breach; or
(b)claim to be entitled—
(i)to render a contractual performance substantially different from that which was reasonably expected of him, or
(ii)in respect of the whole or any part of his contractual obligation, to render no performance at all,
except in so far as (in any of the cases mentioned above in this subsection) the contract term satisfies the requirement of reasonableness.
In other words, Google cannot revise it's payment rates downward unilaterally since this could be regarded as a substantially different performance. Clearly, this implies that Google need to be transparent with respect to Adsense earnings, otherwise performance cannot be established in the first place.