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Taking notice seriously: information delivery and consumer contract formation
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Margaret Jane Radin
Published/Copyright:
August 10, 2016
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.
Published Online: 2016-8-10
Published in Print: 2016-7-1
© 2016 by Theoretical Inquiries in Law
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- Research Article
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