‘I Am Altering The Deal. Pray I Don’t Alter It Any Further’

Shmuel I Becher and Uri Benoliel, Sneak In Contracts: An Empirical Perspective, 55 Georgia Law Review (forthcoming), available on SSRN. Have you ever created an account with Facebook, Amazon, Instagram, or Uber? If so, you agreed – with or without awareness – to let the company that drafted your contract a right to change that contract as they may see fit, without your consent. Shmuel Becher and Uri Benoliel’s empirical new study focuses on this practice, exposing a remarkable reality. With a focus on the central subset of digitally procured standard contracts, their study shows that 95.8% of the firms on their large sample (479 out of 500) have drafted ‘a change-of-terms clause that enables the firms to change the consumer agreement’ …” (more)

[Hila Keren, JOTWELL, 4 May]

First posted 2020-05-05 06:25:04

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