Open Access. Powered by Scholars. Published by Universities.®
- File Type
Articles 1 - 3 of 3
Full-Text Articles in Law
Electronic Contracting Cases 2009-2010, Juliet Moringiello, William Reynolds
Electronic Contracting Cases 2009-2010, Juliet Moringiello, William Reynolds
Juliet M Moringiello
This article, our sixth annual survey of electronic contracting cases, discusses the significant electronic contracting cases decided between June 15, 2009 and June 15, 2010. Over the past six years, the law of electronic contracts has matured, and the cases we discuss in this article show this maturation. The survey covers contract formation by the use of shrinkwrap, clickwrap and browsewrap terms, and contract formation by the exchange of e-mail messages.
Electronic Contracting Cases 2009-2010, Juliet M. Moringiello, William L. Reynolds
Electronic Contracting Cases 2009-2010, Juliet M. Moringiello, William L. Reynolds
William L. Reynolds
This article, our sixth annual survey of electronic contracting cases, discusses the significant electronic contracting cases decided between June 15, 2009 and June 15, 2010. Over the past six years, the law of electronic contracts has matured, and the cases we discuss in this article show this maturation. The survey covers contract formation by the use of shrinkwrap, clickwrap and browsewrap terms, and contract formation by the exchange of e-mail messages.
Giving Unconscionability More Muscle: Attorney’S Fees As A Remedy For Contractual Overreaching, Stephen E. Friedman
Giving Unconscionability More Muscle: Attorney’S Fees As A Remedy For Contractual Overreaching, Stephen E. Friedman
Stephen E Friedman
This Article seeks to broaden the conversation about unconscionability. While most of the discussion has focused on the appropriate standard for determining unconscionability, this Article focuses on the appropriate remedy to be imposed when unconscionability is found. The current remedy for unconscionability is non-enforcement or limited enforcement of unconscionable contracts or contract terms. This remedy is inadequate and seriously undermines unconscionability’s effectiveness as a tool for policing against contractual overreaching. The Article proposes that courts be given discretion to award attorney’s fees to consumers who successfully establish the unconscionability of a standard form contract. Such a remedy would enable unconscionability …