Wrap Contracts Symposium, Part V: Michael Rustad on Reforming Wrap Contracts

“In her insightful new book, Nancy Kim contends that ‘wrap contracts’ take the form of a traditional contract but constitute a ‘coercive contracting environment’. (Nancy S. Kim, Wrap Contracts: Foundations and Ramifications 1-3 (Oxford University Press, 2013)). Professor Kim contends that the problem with ‘wrap contracts’ is ‘their aggressive terms’. (Id. at 4.) My Suffolk University Law School research team, focusing on contracting practices in social media websites, found strong empirical support for Professor Kim’s argument that wrap contracts are overly aggressive and in need of law reform. My own empirical work with a team at Suffolk University Law School has uncovered a growing number of social networking sites incorporating mandatory arbitration and anti-class action waivers …” (more)

[Michael Rustad, ContractsProf Blog, 21 November]

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