Wrap Contracts Symposium, Part II: Miriam Cherry on The Duty to Draft Reasonably

“Professor Nancy Kim’s Wrap Contracts is a foundational book, one that delves deeply into recent cases surrounding online contracting. Based on existing strands of contract theory, Prof. Kim expresses concern about the ways in which wrap contracts reinforce, and in many instances, amplify, one-sided contracting that may harm consumers in adhesion contracts. Pointing to a recent study, Kim notes that it would cost the average American Internet user the equivalent of $3,534 a year to read the privacy policies of each website that he or she visits (213). Noting that wrap contracts bear little similarity to the model of free assent that undergirds traditional contract theory, Kim sensibly argues for a more balanced model of drafting and enforcement …” (more)

[Miriam A Cherry, ContractsProf Blog, 18 November]

First posted 2013-11-18 16:14:10

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