‘Resisting Contract Law’s Paradigm Slip Through Shared Meaning’

Robin B Kar and Margaret J Radin, Pseudo-Contract and Shared Meaning Analysis, 132 Harvard Law Review (forthcoming 2019), available at SSRN. By now, it’s old news that contracts have undergone a transformation in the couple of decades and not for the better. Just thirty years ago, it was a relatively rare occasion when the average American entered into a contract. It may have been a lease or a home purchase, or maybe a car rental agreement. But to purchase a shirt at the mall did not require signing a contract unless it was to sign one’s name on a credit card slip. What a difference the Internet makes. Now, people routinely are deemed to have entered into ‘contracts’. In their article, Robin Bradley Kar and Margaret Jane Radin address this phenomenon, putting the term ‘agreement’ and ‘contract’ in scare quotes … (more)

[Nancy Kim, JOTWELL, 17 May]

First posted 2018-05-18 18:04:54

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