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Full-Text Articles in Law
Carnival Cruise And The Contracting Of Everything, Nancy Kim
Carnival Cruise And The Contracting Of Everything, Nancy Kim
Nancy Kim
This short essay is about the potential unconscionablity of contracts between cruise lines and passengers.
Two Alternate Visions Of Contract Law In 2025, Nancy Kim
Two Alternate Visions Of Contract Law In 2025, Nancy Kim
Nancy Kim
Part I of this essay examines how businesses have shaped the evolution of contract’s form from the past to the present and ex-plains how courts have responded by reshaping contract law.1 Part II of this essay anticipates changes in the business landscape and explains how these changes might create new challenges for contract law. Part III predicts two alternative visions for contract law in 2025. The first is as a diminished body of law, made nearly irrelevant by other laws and preempted by private rules administered by non-judicial entities. The second vision is that of a robust contract law administered …
Bargaining Power And Background Law, Nancy Kim
Bargaining Power And Background Law, Nancy Kim
Nancy Kim
Power in contract law typically refers to the bargaining strength of each contracting party in relation to the other. In assessing the relative bargaining power of each party, courts and commentators often consider factors specific to the parties, such as socio-economic status and education level. In this Essay, I suggest another factor that affects the power of the parties in negotiating or modifying their agreement, one that I refer to as the "background law." The background law is the substantive law that governs the subject matter of the contract. This Essay focuses specifically on the background law of copyrights and …
Notice, Assent, And Form In A 140 Character World, Juliet Moringiello
Notice, Assent, And Form In A 140 Character World, Juliet Moringiello
Juliet M Moringiello
This essay is a contribution to a symposium on Professor Nancy Kim’s terrific book, Wrap Contracts: Foundations and Ramifications. In the book, Prof. Kim examines this explosion in volume of online contract terms and offers some suggestions for improving the judicial approach to these terms. Despite the ease of presenting online terms in a visually appealing format, today’s electronically presented terms are even less comprehensible than those of fifteen years ago. At the same time that individuals have become accustomed to receiving information in small doses due to the proliferation of social media platforms such as Twitter, Instagram, Facebook and …