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When you visit a website, check your emails, or download music, you`re signing a contract that you probably don`t know exists. Wrap contracts (shrinkwrap, clickwrap and browsewrap contracts) are non-traditional contracts that do not resemble legal documents. Contrary to what the courts have ruled, they are not “fair” like other standard contracts, and consumers do not perceive them in the same way. Wrap contractual terms are more aggressive and allow for questionable business practices, such as the collection of personal data and the appropriation of user-created content. In digital form, packaging contracts are weightless and inexpensive to reproduce. Due to their low cost and flexible form, companies engage in a “contracting mania” where they use wrapping contracts excessively and in a variety of contexts. Courts impose a reading obligation on consumers, but do not require companies to make contracts easy to read. The result is that consumers are exposed to incriminating legal language at almost every online interaction. In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts came into being, how they evolved, and what it means for society.

It explains how existing companies and laws unfairly burden users and create a coercive contractual environment that forces users to “accept” in order to participate in modern life. Kim`s central thesis is that the way a contract is presented influences and reveals the intention of the parties. It proposes doctrinal solutions – such as the obligation to design sensibly, specific consent and a reconceptualisation of lack of scruples – that adequately balance the burden of packaging contracts between businesses and consumers. Chapter 1: Introduction Chapter 2: Why Enforce Contracts? A. Individualistic/deontic theories B. Consequentialist theories C. Dynamic or “multi-value” theories of contract law Chapter 3: Contracts and contract law in the social context A. Contract law and changing business requirements B.

Membership contracts C. Function, fluidity and educational contracts Chapter 4: The rise of contracts “Wrap: The first cases A. Shrink Films B. Clickwraps C. Browsewraps Chapter 5: Contractual terms like a sword, Shield and scammer A. Treated as shield B. Treated as sword C. Treated as crook Chapter 6: Problems of form A. Is a “wrapping contract” just another membership contract? B. Sadistic Contracts Chapter 7: Substance Problems A. “Winding Contracts and Change of Standard B. Getting Something for Nothing: The Old Bait and the Switch C.

The limits of the lack of scruples and the problem of other laws Chapter 8: The meaning and nonsense of the doctrine of the wrapping contract A. What is sufficient notification? B. An overview of the “Conclusion of the contract v. A New Type of Legal Activism Chapter 9: Form, Function and Note A. What is a clue? B. Intent and Consent in Contracts, Torts and Property C. Functionalism of Contracts Chapter 10: Contracts in Wonderland A. Contract Law and right to publicity. B.

“Wrap Contracts and Federal Laws C. Terms of Disservice Chapter 11: Reshaping `Wrap Contract Doctrine A. Impose a Obligation to Draft Reasonably B. Tailoring AssentC. Interpretation, Construction and Contract Form and Function D. Environmental Coercion Chapter 12: Conclusion Index This title is available as an e-book. To purchase, visit your favorite e-book provider. Nancy S. Kim is Professor of Law at the California Western School of Law and Visiting Professor at the Rady School of Management at the University of California, San Diego. She is The President-Elect of the Contracts Section of the Association of American Law Schools and a member of the Executive Committee of the Commercial and Related Consumer Law Section, as well as a former member of the Executive Committee of the Internet and Computer Law Section.

She is a former Ford Foundation Fellow and a Fellow for Women`s Rights and Public Order. Previously, she was Vice President of Commercial and Legal Affairs at Exigen, Inc., a multinational software and services company. She has held commercial and legal positions for several technology companies in the San Francisco Bay Area and was a partner in corporate legal services at Heller Ehrman White & McAuliffe in San Francisco and Gunderson Dettmer in Menlo Park. . Available in Oxford Scholarship Online – see abstracts and keywords at book and chapter level. This item will be printed to order. Items printed to order are usually shipped and invoiced within 5 to 10 days. Law > Contract law > computer and communications law > intellectual property law You may have already requested this article.

Please select Ok if you still want to continue this request. Nancy S. Kim, Professor of Law, California Western School of Law Philippe Aghion, Mathias Dewatripont, Patrick Legros, Luigi Zingales Please choose whether other users can see in your profile or not that this library is one of your favorites. Andrew S. Gold, John C.P. Goldberg, Daniel B. Kelly, Emily Sherwin, Henry E. Smith.

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