“A few weeks ago, I blogged about Hansen v Ticketmaster, a case that IMHO did contract law wrong by taking an unrealistic approach to what constitutes unreasonable notice. I noted that this case seemed to be on the wrong side of a trend which reallocates the burden that wrap contracts places upon the parties. Law and econ scholars extoll the efficiency virtues of mass consumer contracts but often neglect to consider the burden that these contracts place upon consumers who are expected to read all the itty bitty terms – or the ALL CAPS terms that are only accessible by clicking on a hyperlink (or three). As I have discussed elsewhere, recent cases have adopted a different and more encouraging approach by expecting more from the drafters in terms of better presentation of terms …” (more)
[Nancy Kim, ContractsProf Blog, 18 January]
First posted 2021-01-18 13:57:47
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