Private Law Theory

INTRODUCTION
Online commercial contracting could employ more transparency and comprehensibility. Often consumers have little or no understanding of their rights and obligations under these contracts Unfortunately, these online contracts often become binding before one understands or can clarify the content of the contract terms. This situation has worsened by employing dark patterns in online contracting.

The use of dark patterns raises concerns as to whether the current online contracting practice is socially and economically optimal, and whose best interests they serve. Regrettably, the current online contracting practice often leads consumers to buy more products or services than they intended to, with a higher price, and find themselves unintentionally bound by additional transactions.

Legal design can provide incentives to tackle the use of dark patterns in online contracting, such as increased legal quality, reduced transaction costs, business sustainability, and competitive business advantage. The proposed legal design approach would better serve both companies and consumers in fostering sustainable business and economic market function …

Katri Nousianinen and Catalina P Ortega, Dark Patterns in Law and Economics Framework, 36 Loyola Consumer Law Review 90.