Readable Consumer Contracts

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Readable Consumer Contracts

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Author : N. J. C. Van den Bergh
language : en
Publisher:
Release Date : 1985

Readable Consumer Contracts written by N. J. C. Van den Bergh and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Consumer protection categories.

The Duty To Read The Unreadable

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Author : Uri Benoliel
language : en
Publisher:
Release Date : 2019

The Duty To Read The Unreadable written by Uri Benoliel and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.

The duty to read doctrine is a well-recognized building block of U.S. contract law. Under this doctrine, contracting parties are held responsible for the written terms of their contract, whether or not they actually read them. The application of the duty to read is especially interesting in the context of consumer contracts, which consumers generally do not read. Under U.S. law, courts routinely impose this doctrine on consumers. However, the application of this doctrine to consumer contracts is unilateral. While consumers are expected and presumed to read their contracts, suppliers are generally not required to offer readable contracts. This asymmetry creates a serious public policy challenge. Put simply, consumers might be expected to read contracts that are, in fact, rather unreadable. This, in turn, undermines market efficiency and raises fairness concerns. Many scholars have suggested that consumer contracts are indeed written in a way that dissuades consumers from reading them. This Article aims to empirically test whether this concern is justified. The Article focuses on the readability of an important and prevalent type of consumer agreement: the sign-in-wrap contract. Such contracts, which have already been the focal point of many legal battles, are routinely accepted by consumers when signing up for popular websites such as Facebook, Amazon, Uber, and Airbnb. The Article applies well-established linguistic readability tests to the 500 most popular websites in the U.S. that use sign-in-wrap agreements. The results of this Article indicate, inter alia, that the average readability level of these agreements is comparable to the usual score of articles in academic journals, which typically do not target the general public. These disturbing empirical findings hence have significant implications on the design of consumer contract law.

If It S Easy To Read It S Easy To Claim The Effect Of The Readability Of Insurance Contracts On Consumer Expectations And Conflict Behaviour

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Author : Willem H. Van Boom
language : en
Publisher:
Release Date : 2016

If It S Easy To Read It S Easy To Claim The Effect Of The Readability Of Insurance Contracts On Consumer Expectations And Conflict Behaviour written by Willem H. Van Boom and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.

In the area of financial services, lawmakers and regulators increasingly promote the use of plain language in business-to-consumer contracts. Although such efforts are undoubtedly welcomed by consumers, as they promote better comprehension, not much is known about the actual effects of improved readability on consumer attitudes and cognitive processes. Does improved readability in general contract terms have an impact on the consumer's perception of their contractual position? Do contracts that are easier to read influence the steps or actions taken by consumers in the wake of conflict? In response to these questions, we present data from an experiment that investigates the relationship between the reading ease of general contract terms on the one hand and consumer expectations and willingness to engage in conflict on the other. Our findings suggest that readability increases the trust and confidence of the consumer in the sense that it increases their expectations of the claim. Moreover, we have found partial evidence to suggest that reading ease also increases the consumer's willingness to engage in legal action in the case of subsequent claim denial.

Exemption Clauses And Unfair Terms

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Author : Elizabeth J. Macdonald
language : en
Publisher: Bloomsbury Professional
Release Date : 1999

Exemption Clauses And Unfair Terms written by Elizabeth J. Macdonald and has been published by Bloomsbury Professional this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.

Any contract is likely to have its fair share of exemption clauses and failure to read the small print is often the biggest cause for complaint between litigators. This title provides major treatment of the law relating to exemption clauses as well as encompassing the regulation of unfair terms (a concept introduced by the Unfair Terms in Consumer Contracts Regulations 1994). These regulations extend to all terms and to certain areas of business, such as insurance, not covered by the Unfair Contract Terms Act 1977. The book also deals thoroughly with penalty and forfeiture clauses and is the definitive in-depth text giving exhaustive coverage of the subject.

Plain Words For Consumers

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Author : Richard Thomas
language : en
Publisher:
Release Date : 1984

Plain Words For Consumers written by Richard Thomas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1984 with Business & Economics categories.

Plain Language Consumer Contracts A Benefit For Consumers And Business Alike

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Author : Alberta. Alberta Consumer and Corporate Affairs
language : en
Publisher:
Release Date : 1991

Plain Language Consumer Contracts A Benefit For Consumers And Business Alike written by Alberta. Alberta Consumer and Corporate Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Consumer protection categories.

Exclusion Clauses And Unfair Contract Terms

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Author : R. G. Lawson
language : en
Publisher: Sweet & Maxwell
Release Date : 2011

Exclusion Clauses And Unfair Contract Terms written by R. G. Lawson and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.

For anyone working with business and consumer contracts, this book provides essential information and advice on the statutory controls available to guard against the misuse of exclusion clauses.

Fairness In Consumer Contracts

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Author : Chris Willett
language : en
Publisher: Routledge
Release Date : 2016-12-05

Fairness In Consumer Contracts written by Chris Willett and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.

This book focuses on unfair contract terms in consumer contracts, in particular the existing legislation and the proposals by the Law Commissions for a new unified regime. In this context it considers, in particular, what we mean by fairness (both procedurally and in substance); the tools used; the European dimension; the move from general principles from the more piecemeal approach typical in UK legal tradition; and the further move in this direction as a result of the Unfair Commercial Practices Directive.

Unfair Contract Terms In The Digital Age

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Author : Gardiner, Caterina
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-06-14

Unfair Contract Terms In The Digital Age written by Gardiner, Caterina and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-14 with Law categories.

Since the introduction of the European Unfair Contract Terms Directive (UCTD) there have been far-reaching developments in the digital landscape which have significantly altered the nature of consumer contracts. This timely book examines the changes that have taken place since the advent of the UCTD and analyses the challenges that they pose for consumers entering online standard form contracts today.

A Fair Contracts Approval Mechanism

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Author : Samuel Becher
language : en
Publisher:
Release Date : 2009

A Fair Contracts Approval Mechanism written by Samuel Becher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.

Consumer contracts diverge from the traditional paradigm of contract law in various conspicuous ways. They are pre-drafted by one party; they cannot be altered or negotiated; they are executed between unfamiliar contracting parties unequal in their market power and sophistication; they are offered frequently by agents who act on behalf of the seller; and promisees (i.e., consumers) do not read or understand them. Consumer contracts are thus useful in modern markets of mass production, but they cast doubt on some fundamental notions of contract law. To reframe the long-lasting debate over consumer contracts this Article develops a superior legal regime whereby sellers can obtain certification of a form contract by an independent third-party. Such approval may be viewed as a quality certification, akin to a Good Housekeeping Seal of Approval, for standard form contracts. The many impediments to the design of such a project notwithstanding, its overall advantages are promising. The tension between the duty to read contracts and the common practice of signing consumer contracts without reading will be better reconciled. The adverse consequences of asymmetric information possessed by typical sellers and consumers will be obviated. This regime will also minimize sellers' ability to manipulate consumers' bounded rationality; increase social welfare by reducing transaction costs; diminish socially undesirable litigation over standardized contracts; make a notable step towards minimizing the alleged anomaly that punitive damage awards create in consumer contract cases; and promote market participants' autonomy by advancing trust between the contracting parties.