“… This note discusses the law surrounding the enforceability of mandatory arbitration provisions in online contracts and argues for the adoption of clear, policy-based rules that will either protect the expectations of businesses or the rights of vulnerable consumers. Part II of this note gives a brief history of American arbitration law. Part III surveys the current state of the law of online contracting. Part IV discusses Cullinane v Uber Techs, Inc and Meyer v Uber Techs, Inc (hereinafter ‘The Uber Cases’), wherein different courts came to different conclusions about essentially the same contract. Part V discusses the difficulties and consequences that arise from such contradictions. Finally, Part VI explores which new, or perhaps old, rules courts and legislatures can adopt to advance the arbitration policies they desire …”
Matthew Hoffman, Contract Law – Conspicuous Arbitration Agreements in Online Contracts: Contradictions and Challenges in the Uber Cases, 43 University of Arkansas at Little Rock Law Review 499 (2021).
First posted 2022-06-28 16:00:53
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