Legit SEO's dont guarantee number 1 positions and should be clear about it , so I cant see the problem. Perhaps they should have stuck that in their contracts too!
I never said legit SEOs were guaranteeing #1 positions! The point I made was that their
clients saw it in Googles terms - took this as gospel and started - holding SEOs to ransom. This kicked off around 2003 when Google first introduced this in their guidelines on the back of rogue SEO companies gaming search engines.
There are lawyers that specialise in working with IT/Web companies. The one we use drew up our contract because a client tried this on with us 4 years ago by not paying their bills all the while raking in huge orders on the back of work we did for them.
I never said it contravened any laws. I said that Google were taken to issue on this - which they were. And as you know well at the time when Google would not anwer anyone, this was the same time Google's Matt Cutts was posting information/disinformation on the major SEO forums. I know you know this because you discussed these very points when you used to email me and phone me up.
I pointed out that different countries have different laws - Scotland and England for example have different laws concerning contracts. My presumption was based on the fact that if you
have got a legally binding contract to cover your work then you
will know about percieved performance/quality/results relating to service industries - it's written in black and white on ours. (And it's the same for many service industries.)
Do you honestly think any legit SEO company is going to spend considerable effort and resources doing work (without a contract) for a client for them to make profits for them then to turn round and say "sorry mate" we're not number 1 so we're not paying you because it says so in Google's guidelines? Googles guidelines are just that - guidelines and not a contract or a point of law so they can say what they want and never respond. (as you know).