A Negotiated Instrument: Proposing a Safer Contract for Consumers (And Not Just a Smarter One)

Published: Mar 8, 2021
Abstract
In this piece, I propose a new standard for determining what constitutes assent, as a matter of contract formation, within the domain of electronic consumer contracting. In my formulation, the threshold test should reject the “take-it-or-leave-it” arrangement dominant in the marketplace and reified by recent proposals before the American Law Institute (“ALI”) under the moniker “blanket assent.” It should do so in favor of a default rule that...
Paper Details
Title
A Negotiated Instrument: Proposing a Safer Contract for Consumers (And Not Just a Smarter One)
Published Date
Mar 8, 2021
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