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Consumer Contracts And The Restatement Project
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Book Synopsis Consumer Contracts and the Restatement Project by : David McGowan
Download or read book Consumer Contracts and the Restatement Project written by David McGowan and published by . This book was released on 2020 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt: A recent controversy over the American Law Institute's draft Restatement of the Law of Consumer Contracts (the “Draft”) raises four questions: (i) What is the state of basic contract principles such as formation or unconscionability with respect to consumer contracts; (ii) does the Draft get the existing law right; (iii) how much can contract law do to give consumers a leg up in the modern economy; and (iv) should the Draft do more? The positive critiques of the Draft are weak. Cases that do not contradict the Draft are cited as showing that it is wrong, district court opinions that have not even been adopted in their home circuit are praised as “leading cases,” and the rules of formation are decried as unsettled and messy, when the standard is clear. The answers to questions (i) and (ii) are that the cases are reasonably settled on principles that are accurately reflected in the Draft. Normative questions (iii) and (iv) are interesting and hard. Critiques of the Draft presume that contract law could do a lot to help consumers but that the Draft would thwart such efforts. There are limits to what contract law can do to give consumers a leg up, however, and the Draft does not narrow those limits. Sweeping statements, such as that the Draft “if adopted, would drive a dagger through consumers' rights,” are excessive, even if limited only to doctrines such as unconscionability. Critics are notably short on cases that go their way under current law but which would come out differently under the Draft. The Restatement project presumes the exercise of nonpartisan judgment. Some criticisms of the draft, notably those contained in a letter signed by numerous state attorneys general, are more political tracts than analytic critiques. Because the Draft does a good job analyzing and distilling the law, the real question in this debate is whether the ALI and the Restatement project as a whole can withstand efforts, such as the AGs' Letter, to use the tools and standards of retail politics to defeat the analytic approach of the Draft. To the extent such efforts succeed, the Restatement concept as a whole will fail.
Book Synopsis Restatement of the Law, Consumer Contracts by :
Download or read book Restatement of the Law, Consumer Contracts written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Restatement of the Law, Consumer Contracts, Tentative Draft by :
Download or read book Restatement of the Law, Consumer Contracts, Tentative Draft written by and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Restatement of the Law, Consumer Contracts by :
Download or read book Restatement of the Law, Consumer Contracts written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Restatement of the Law, Consumer Contracts by :
Download or read book Restatement of the Law, Consumer Contracts written by and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Restatement of the Law, Consumer Contracts, Tentative Draft (April 18, 2019) by :
Download or read book Restatement of the Law, Consumer Contracts, Tentative Draft (April 18, 2019) written by and published by . This book was released on 2019 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Restatement of the Law, Consumer Contracts, Tentative Draft: (April 2022): [section] 1. Definitions, scope, and outline by :
Download or read book Restatement of the Law, Consumer Contracts, Tentative Draft: (April 2022): [section] 1. Definitions, scope, and outline written by and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Restatement on the Law of Contracts by : American Law Institute
Download or read book Restatement on the Law of Contracts written by American Law Institute and published by . This book was released on 1928 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Restatement of the Law, Consumer Contracts by :
Download or read book Restatement of the Law, Consumer Contracts written by and published by . This book was released on 2015 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Empiricism and Privacy Policies in the Restatement of Consumer Contract Law by : Gregory Klass
Download or read book Empiricism and Privacy Policies in the Restatement of Consumer Contract Law written by Gregory Klass and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Draft Restatement of the Law of Consumer Contracts includes a quantitative study of judicial decisions concerning businesses' online privacy policies, which it cites in support of a claim that most courts treat privacy policies as contract terms. This Article reports an attempt to reproduce that study's results. Using the Reporters' data, this study was unable to reproduce their numerical findings. This study found in the data fewer relevant decisions, and a lower proportion of decisions supporting the Draft Restatement position. It also found little support for the Draft's claim that there is a clear trend recognizing privacy policies as contracts, and none for the claim that those decisions have been more influential than decisions coming out the other way. A qualitative analysis of the decisions in the dataset reveals additional issues.The analysis reveals that the Draft Restatement study's numerical results obscure both the many judgment calls needed to code the decisions and their limited persuasive power. These results confirm the importance of transparency and replication in empirical case law studies. They also suggest that the closed nature of the Restatement process is perhaps ill-suited to producing reliable large-scale quantitative case law studies.
Download or read book American Law Institute written by and published by . This book was released on 1935 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ideology, Coercion, and the Proposed Restatement of the Law of Consumer Contracts by : Nancy S. Kim
Download or read book Ideology, Coercion, and the Proposed Restatement of the Law of Consumer Contracts written by Nancy S. Kim and published by . This book was released on 2020 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Restatement of the Law of Consumer Contracts (RLCC) has been the subject of much controversy and debate. To those who are unfamiliar with the RLCC, the issues may seem abstract or even trivial. But to those who care about consumers and consumers' rights, the issues are real, critical and of enormous consequence. The outcome of this discussion determines what rights consumers will have, how they will enforce them and the extent to which unread fine print can alter societal and marketplace norms for decades.This Essay focuses on two provisions of the RLCC: § 2 - Adoption of Standard Contract Terms, which adopts the standard of notice-and-manifestation; and §3 - Modification, which permits modifications with notice-and-manifestation of assent (referred to as “notice-and-manifestation.”) This Essay argues that the current draft of the Restatement of Consumer Contracts engages in ideologically motivated rule-making by implementing two normative shifts. First, it changes the law of electronic contracts of adhesion by interpreting and adopting a standard as a rule. The law of electronic adhesion contracts is currently in flux. The RLCC, however, assumes a coherence and stability with respect to the law of electronic contracts that is belied by the case law. Second, it treats all consumer form contracts as electronic contracts of adhesion. The RLCC misreads the current state of the law governing contracts and specifically, the law of consumer contracts. It does this by confusing the law of consumer contracts with the law of electronic adhesion contracts.
Book Synopsis Contract Law Minimalism by : Jonathan Morgan
Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Book Synopsis Choice, Contract, Consent by : Anthony De Jasay
Download or read book Choice, Contract, Consent written by Anthony De Jasay and published by . This book was released on 1991 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice, Contract, Consent, in restating liberalism, finds its rock-bottom foundations in six first principles that are either self-evident, or readily acceptable to bona fide reason. These simple, relatively undemanding principles dictate the outline of a stable political doctrine. The doctrine is strict, in that it confines the state to mandatory tasks, instead of allowing it discretionary latitude within rules. This is a loose constraint because collective choice can choose its own rules. Political doctrine informs practical politics. In politics, collective choice replace and often overrides individual choice. For this to be legitimate, it does not suffice to respect procedures, such as those demanded by democracy. Collective choice to be morally justified, needs substantive legitimacy too. Choice, Contract, Consent develops the conditions that substantive legitimacy must meet and delineates the restricted class of cases where a liberal government may pre empt the voluntary choices of its citizens.
Book Synopsis Shapo on the Law of Products Liability by : Marshall S. Shapo
Download or read book Shapo on the Law of Products Liability written by Marshall S. Shapo and published by Wolters Kluwer. This book was released on 2012-10-22 with total page 3484 pages. Available in PDF, EPUB and Kindle. Book excerpt: A proliferation of lawsuits involving sport utility vehicles, defective tires, medical devices and drugs, and asbestos abounds. Public attention to products liability cases is at an all-time high, and awards routinely run into the millions of dollars. When developing a strategy in this high stakes world, attorneys can't afford to have anything other than the best information and insight into this evolving area of law. Lawyers need practical tools to assess a products liability case's potential and build their approach, and Shapo on the Law of Products Liability provides the tools to give you the winning edge. Through a holistic analysis of the law and its principal developments as witnessed in hundreds of cases, this treatise gives litigators a wide variety of perspectives on potential strategies, and the tools to support those strategies with persuasive arguments. This authoritative two-volume work will enable you to: Assess products liability case potential and build sound litigation strategies Dig deep into products liability law to build creative approaches to litigation Craft a winning case and reap the greatest reward for your clients Find the tools and information to support strategies with persuasive arguments Both federal and state courts contribute a rich mix of decisions to products liability law, which covers both consumer products and occupational hazards. This indispensable resource for the products liability practitioner helps you prepare your case. Is the product defective? Who is liable? What is the manufacturer's responsibility? Who can be sued? What kind of awards may be realized? How might this be defended? Shapo on the Law of Products Liability also includes coverage of: Asbestos litigation Chinese drywall Food and drug Medical devices Design/manufacturing defects claims Punitive damages Discovery rule Up to date analysis and commentary History and background on products liability law Damages Advertising material Packaging Marshall S. Shapo, the Frederic P. Vose Professor at Northwestern University School of Law, is a nationally recognized authority on torts and products liability law.
Book Synopsis Principles of Law of Software Contracts by :
Download or read book Principles of Law of Software Contracts written by and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Electronic Commerce by : Jane K. Winn
Download or read book The Law of Electronic Commerce written by Jane K. Winn and published by Wolters Kluwer. This book was released on 2000-01-01 with total page 2519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation New edition of a study of the law of electronic commerce, which requires the simultaneous management of business, technology and legal issues. Winn (law, Southern Methodist U.) and Wright (a business lawyer in Dallas) present 21 chapters that discuss introductory material such as business and technologies of e-commerce, getting online, jurisdiction and choice of law issues, and electronic commerce and law practice; contracting; electronic payments and lending; intellectual property rights and rights in data; regulation of e-business markets; and business administration. Presented in a three-ring binder. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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