‘What if Producers Paid Us to Read Fine Print?’

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]

Leave a Reply