‘Disney, Contracts of Adhesion, and Arbitration-Clause Bootstrapping’

Disney is in the news this week, and not in a good way. For the truly awful facts of the case, you can’t do better than Emily Crane’s and Alexandra Steigrad’s reporting in the New York Post here and here. In short, Dr Kanokporn Tangsuan had severe allergies. She ate in a Disney restaurant. She informed the restaurant of her allergies and the restaurant staff gave repeated assurances that her food was allergen-free. Soon after her meal, she was dead, and an autopsy revealed that her death was caused by allergens. Okay, those are terrible facts. But what’s going on with arbitration clauses in contracts of adhesion is, perhaps less dramatic, but still highly concerning … (more)

[Jeremy Telman, ContractsProf Blog, 15 August 2024]

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