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Misplaced Misrepresentations: Why Misrepresentation-Of-Age Statutes Must Be Reinterpreted As They Apply To Children’S Online Contracts, Michelle A. Sargent Nov 2013

Misplaced Misrepresentations: Why Misrepresentation-Of-Age Statutes Must Be Reinterpreted As They Apply To Children’S Online Contracts, Michelle A. Sargent

Michigan Law Review

The information age revolutionized the relationship between individuals and the internet. Today, children are the targets of online advertisements that lure them into accepting terms of service, thus entering into online agreements. While children may feel comfortable navigating websites, they are psychologically predisposed to be unsophisticated and impulsive actors online. Children lack the digital literacy to understand the implications of accepting website terms of service. Meanwhile, several states have misrepresentation-of-age statutes that prevent children from using the infancy doctrine to disaffirm online contracts because, in accepting the terms of service, children often represent that they are old enough to enter …


Quasi-Contracts -- Profits As Measure Of Recovery For Appropriation Of Business Idea Nov 1936

Quasi-Contracts -- Profits As Measure Of Recovery For Appropriation Of Business Idea

Michigan Law Review

Plaintiff advertising firm submitted advertising plans at the invitation of defendant brewing company, in the hope of getting a contract to handle its advertising. Defendant awarded the contract to another, but appropriated and used extensively a slogan, "The Beer of the Century," from the material submitted by plaintiff, who sued to recover the value thereof. Held, that plaintiff was entitled to recover, on an implied contract to pay for the services, the value to defendant of the fruits of the services. How. J. Ryan & Associates, Inc. v. Century Brewing Assn., 185 Wash. 600, 55 P. (2d) 1053 …