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Wrap Contracts Foundations and Ramifications 1st Edition by Nancy S Kim ISBN 0199336970 9780199336975

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Author(s): Nancy S. Kim
ISBN(s): 9780199336975, 0199336970
Edition: 1
File Details: PDF, 1.57 MB
Year: 2013
Language: english
SKU: EB-5421916 Categories: , Tag:

Wrap Contracts Foundations and Ramifications 1st Edition by Nancy S Kim – Ebook PDF Instant Download/Delivery: 0199336970, 9780199336975
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ISBN 10: 0199336970 
ISBN 13: 9780199336975
Author: Nancy S Kim

When you visit a website, check your email, or download music, you enter into a contract that you probably don’t know exists. “Wrap contracts” – shrinkwrap, clickwrap and browsewrap agreements – are non-traditional contracts that look nothing like legal documents. Contrary to what courts have held, they are not “just like” other standard form contracts, and consumers do not perceive them the same way. Wrap contract terms are more aggressive and permit dubious business practices, such as the collection of personal information and the appropriation of user-created content. In digital form, wrap contracts are weightless and cheap to reproduce. Given their low cost and flexible form, businesses engage in “contracting mania” where they use wrap contracts excessively and in a wide variety of contexts. Courts impose a duty to read upon consumers but don’t impose a duty upon businesses to make contracts easy to read. The result is that consumers are subjected to onerous legalese for nearly every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society. She explains how businesses and existing law unfairly burden users and create a coercive contracting environment that forces users to “accept” in order to participate in modern life. Kim’s central thesis is that how a contract is presented affects and reveals the intent of the parties. She proposes doctrinal solutions – such as the duty to draft reasonably, specific assent, and a reconceptualization of unconscionability – which fairly balance the burden of wrap contracts between businesses and consumers.

Wrap Contracts Foundations and Ramifications 1st Table of contents:

1. Introduction

2. Why Enforce Contracts?
    A. Individualistic/Deontic Theories
    B. Consequentialist Theories
    C. Multivalue Theories of Contract Law

3. Contracts and Contract Law in Societal Context
    A. Contract Law and Evolving Business Needs
    B. Contracts of Adhesion
    C. Function, Fluidity, and Instructive Contracts

4. The Rise of Wrap Contracts: The Early Cases
    A. Shrinkwraps
    B. Clickwraps
    C. Browsewraps

5. Contract Terms as Sword, Shield, and Crook
    A. Contract as Shield
    B. Contract as Sword
    C. Contract as Crook

6. Problems of Form
    A. Is a Wrap Contract Just Another Contract of Adhesion?
    B. Sadistic Contracts

7. Problems of Substance
    A. Wrap Contracts and Norm Shifting
    B. Getting Something for Nothing: The Old Bait and Switch
    C. The Limits of Unconscionability and the Problem of Other Laws

8. The Sense and Nonsense of Wrap Contract Doctrine
    A. Notice and Wrap Contract Formation
    B. An Outline of Wrap Contract Doctrine
    C. A New Kind of Judicial Activism

9. Form, Function, and Notice
    A. What is a Notice?
    B. Intent and Consent in Contracts, Torts, and Property
    C. Contract Functionalism

10. Contracts in Wonderland
    A. Contract Law and the Right of Publicity
    B. Wrap Contracts and Federal Laws
    C. Terms of Disservice

11. Reshaping Wrap Contract Doctrine
    A. Imposing a Duty to Draft Reasonably
    B. Tailoring Assent
    C. Contract Form, Function and Doctrinal Rules
    D. Reinvigorating the Doctrine of Unconscionability

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Tags: Nancy S Kim, Wrap Contracts, Ramifications