This book is about the fine print in contracts: the terms that individuals sign without reading when they click I agree or buy a plane ticket or engage in any common market transaction. The book explores the relation between this phenomenon and the ideal of consensual contracts. It identifies problems that the unreadable language creates and how this affects the welfare of individuals. It reveals what it is that we truly agree to when we accept these mass-distributed contracts. And it explains how business uses these contracts to gain advantages, but also, in a variety of subtle ways, to...
This book is about the fine print in contracts: the terms that individuals sign without reading when they click I agree or buy a plane ticket or engag...
Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of fault in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the efficient breach framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the...
Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role...
Perhaps no kind of regulation is more common or less useful than mandated disclosure--requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to...
Perhaps no kind of regulation is more common or less useful than mandated disclosure--requiring one party to a transaction to give the other inform...
