‘The Restatement of Consumer Contracts and Quantitative Caselaw Studies’

“I hope those interested in contract law are aware of the ALI’s project for a Restatement of the Law of Consumer Contracts. It is a major undertaking, both in its attempt to synthesize existing law in this area and as a statement about how common law courts can best address business-consumer transactions. There is a lot to say on the substance of current draft (which the ALI doesn’t seem to have on its website). The Reporters’ core move is give up on robust ex ante consumer assent – shrinkwrap and browsewrap are both ok, as are notice-only business-side modifications – and to protect consumers through stronger ex post judicial review for substantive unconscionability …” (more)

[Greg Klass, New Private Law, 27 July]

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