From promise to form: how contracting online changes consumers
DA Hoffman - NYUL Rev., 2016 - HeinOnline
NYUL Rev., 2016•HeinOnline
Contracting has never flourished more than it does today. Consumers see a larger number
of contracts daily than they used to, with longer terms and under novel conditions.'In an
online" orgy of contract formation," 2 firms have seized new opportunities to shift risks to
consumers by imposing unread terms. 3 The result is that" most of us make more legal
agreements in a year than our grandparents made in a lifetime." 4 Contract scholars have
spent the last generation arguing about what this digitization and proliferation of contracts …
of contracts daily than they used to, with longer terms and under novel conditions.'In an
online" orgy of contract formation," 2 firms have seized new opportunities to shift risks to
consumers by imposing unread terms. 3 The result is that" most of us make more legal
agreements in a year than our grandparents made in a lifetime." 4 Contract scholars have
spent the last generation arguing about what this digitization and proliferation of contracts …
Contracting has never flourished more than it does today. Consumers see a larger number of contracts daily than they used to, with longer terms and under novel conditions.'In an online" orgy of contract formation," 2 firms have seized new opportunities to shift risks to consumers by imposing unread terms. 3 The result is that" most of us make more legal agreements in a year than our grandparents made in a lifetime." 4
Contract scholars have spent the last generation arguing about what this digitization and proliferation of contracts means for contract doctrine. 5 They've spent almost no time on a question of equal significance: How do changing habits of contract formation transform consumers? 6 That is, it seems likely that repeatedly clicking-to-agree to an
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