"Taking Notice Seriously: The Problem of Information Delivery and Consumer Contract Formation"

Michigan Law Authors
Areas of Interest
Publish Date
2016
Publication
Theoretical Inquiries in Law
Publication Type
Journal Article
Abstract

Courts in the United States are finding that recipients can be bound by fine-print terms (boilerplate) if they had notice of them. Without directly confronting the overarching normative question whether notice can cause contractual obligation, this Article takes notice seriously by focusing on how psychological characteristics of “HUMANs” suggest rethinking of when effective notice is (or is not) likely to occur.

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