Roseanna Sommers, ‘Contract Schemas’ (July 8, 2021), available at SSRN. There are some things that we know about contracting behavior even without the benefit of empirical studies. Do we really need studies to prove that nobody clicks on a hyperlink to read Terms of Service when it is something that we ourselves have never done? Do we really need more empirical studies to show us that most people wouldn’t understand the fine print even if they did? It is our everyday experience that informs our understanding of contracting behavior, not necessarily our expertise or knowledge of doctrine … (more)
[Nancy Kim, JOTWELL, 3 February]
First posted 2022-02-04 10:00:10
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