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The Author Explains Why Wrap Contracts Were Created, How They Have Developed, And What This Means For Society. The Book Uses Hypotheticals, Cases, And Real World Examples. She Discusses Court Decisions And Provides Summary Critiques To Go With These. In Addition, She Provides Doctrinal Solutions Grounded In Law And Policy. The Book Defines And Distinguishes Different Types Of Contract Terms. Finally, It Includes Actual Wrap Contract Terms, Flow Charts, Checklists, And Other Visual Aids To Explain Legal Concepts. Why Enforce Contracts? -- Contracts And Contract Law In Societal Context -- The Rise Of Wrap Contracts: The Early Cases -- Contract Terms As Sword, Shield, And Crook -- Problems Of Form -- Problems Of Substance -- The Sense And Nonsense Of Wrap Contract Doctrine -- Form, Function, And Notice -- Contracts In Wonderland -- Reshaping Wrap Contract Doctrine. Nancy S. Kim. Includes Bibliographical References And Index.
This book investigates the legal and societal implications of wrap contracts, questioning whether current enforcement doctrines adequately protect consumers in an increasingly digital marketplace. Nancy S. Kim, a professor of law, utilizes her expertise to analyze the evolution of these agreements from their inception to their current pervasive state. By synthesizing case law, hypothetical scenarios, and doctrinal analysis, she argues that the current legal framework often fails to account for the realities of modern digital assent and proposes policy-based solutions to restore balance between corporate interests and individual rights.
What You Will Find
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the intersection of contract law and digital consumer rights. Experts highlight the book's utility in providing both a theoretical critique and practical, actionable solutions for legal professionals navigating the complexities of modern adhesion contracts.
Page Count:
0
Publication Date:
1900-01-01
Publisher:
Oxford University Press,
ISBN-10:
0199336970
ISBN-13:
9780199896370
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