Private Law Theory

INTRODUCTION
… This Article makes three key contributions. First, it proposes a novel framework for the doctrine of mistake, tailored to the distinctive challenges of digital contracting. Second, it assesses how a revised mistake doctrine could enhance consumer access to justice even in view of arbitration clauses and other contractual limitations. Third, it introduces and reevaluates post-mistake remedies, paying special attention to restitution and disgorgement in digital markets dealing with intangibles. Ultimately, this Article seeks to reshape the legal framework governing digital consumer contracts, advocating for a more equitable and just digital marketplace.

Shmuel I Becher and Tal Z Zarsky, Big Mistake(s), 77 Florida Law Review 907 (2025).