Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Attribution (1)
- Behavioral economics (1)
- Consumer protection (1)
- Contract enforcement (1)
- Contract language (1)
-
- Contract morality (1)
- Contracts (1)
- Duty to read (1)
- Empirical legal studies (1)
- Informed consent (1)
- Law and psychology (1)
- Moral judgments and intuitions (1)
- Opportunity to read (1)
- Precautions (1)
- Procedural justice (1)
- Prospect theory (1)
- Psychology (1)
- Reference point (1)
- Reference transaction (1)
- Standard form contracts (1)
Articles 1 - 2 of 2
Full-Text Articles in Cognition and Perception
A Psychological Account Of Consent To Fine Print, Tess Wilkinson-Ryan
A Psychological Account Of Consent To Fine Print, Tess Wilkinson-Ryan
All Faculty Scholarship
The moral and social norms that bear on contracts of adhesion suggest a deep ambivalence. Contracts are perceived as serious moral obligations, and yet they must be taken lightly or everyday commerce would be impossible. Most people see consent to boilerplate as less meaningful than consent to negotiated terms, but they nonetheless would hold consumers strictly liable for both. This Essay aims to unpack the beliefs, preferences, assumptions, and biases that constitute our assessments of assent to boilerplate. Research suggests that misgivings about procedural defects in consumer contracting weigh heavily on judgments of contract formation, but play almost no role …
The Psychology Of Contract Precautions, David A. Hoffman, Tess Wilkinson-Ryan
The Psychology Of Contract Precautions, David A. Hoffman, Tess Wilkinson-Ryan
All Faculty Scholarship
This research tests the intuition that parties to a contract approach each other differently before the contract is formed than they do once it is finalized. We argue that one of the most important determinants of self-protective behavior is whether the promisee considers herself to be in negotiations or already in an ongoing contract relationship. That shift affects precaution-taking even when it has no practical bearing on the costs and benefits of self-protection: the moment of contracting is a reference point that frames the costs and benefits of taking precautions. We present the results of three questionnaire studies in which …