‘Is it Fair to Sell Your Soul?’

Marco Loos and Joasia Luzak, Wanted: A Bigger Stick. On Unfair Terms in Consumer Contracts with Online Service Providers (Centre for the Study of European Contract Law, Working Paper No 2015-01, 2015), available at SSRN. The reliance of online service providers on lengthy terms of service or related documents is easily mocked. When I teach this topic, I can choose to illustrate the topic with the selling of souls, in cartoon or written form, point to the absurd length of the policies of popular sites, and highlight experiments that call us out on our love of the I Accept button. But behind the mirth lie a number of serious legal issues, and the recent working paper by Marco Loos and Joasia Luzak of the University of Amsterdam tackles some of them … (more)

[Daithí Mac Síthigh, JOTWELL, 29 October]

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