Ama Siriwardhana, ‘Has the Blind Consumer Assent in Standardized Contracts Been Sufficiently Redressed – A Comparative Analysis of the Contexts of the United States and Sri Lanka’

ABSTRACT
The pervasion of standard contracts both in online and offline is an inevitable circumstance in the modern commercial arrangement. The fine print has become a commercial norm practiced by those that hold the mastery of commercial monopoly. The strong bargaining power overlays the setting of standard contracts and the consumer plight is nothing but agreeing the terms with complete unawareness of the content. Thus, the dilemma of rendering a blind assent is the seed for the spring of a contract that origins same liabilities and vulnerabilities but agreed with complete unawareness. Redressing the blind assent in form contracts implies restoring the contractual rights that would have been agreed if the terms had been assented with mindfulness and likewise , this overlays the overall adverse effects endowed by the consumer of fine print. This research, based on qualitative methodology , analyzes the blind consumer assent phenomena in form contracts with a comparative analysis of the US and Sri Lankan jurisdictions since both jurisdictions act with same objectives in this regard but guided by different approaches. This seems mainly attributed to the two jurisdictions’ being of two legal systems. Likewise the approaches (both statutory and judiciary) towards overcoming the blind assent lay different consequences on the consumer in each jurisdictions. The research exposes that the SL jurisdiction is far behind the US since the US is replete with upgraded enactments so as to address the evolved contract phenomena directly while SL is serving the issue primarily based on traditional contract law but meanwhile redressing the blind assent applying general legal rules.

Siriwardhana, Ama C, Has the Blind Consumer Assent in Standardized Contracts Been Sufficiently Redressed – A Comparative Analysis of the Contexts of the United States and Sri Lanka (December 31, 2018).

First posted 2021-09-30 08:45:45

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