Kelli Alces Williams, ‘Market Testing Boilerplate’, 74 Syracuse Law Review 229 (2024). One of my favorite cases from the perspective of consumer bargaining power is Boucher v Riner, which involved both my third-greatest physical fear (jumping out of a perfectly good flying airplane a few thousand feet above the ground) and my first-greatest jurisprudential concept (what is ‘assent’, really, in the context of consumer contracts). The case involved a contract between a consumer who for some reason wanted to jump out of a perfectly good airplane in flight … because reasons, and a producer who apparently really believed in providing consumers with meaningful choices in a standard-form contracting paradigm … (more)
[Daniel Barnhizer, JOTWELL, 13 January 2025]
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