Consumer Contracts Posts
ALI CLE Program: Decoding Consumer Contracts
Consumer contracts touch nearly every aspect of daily life. Yet, unlike traditional contract law, the law of consumer contracts presents a fundamental challenge to practitioners, because of the asymmetry in information, sophistication, and stakes between the parties to these contracts: the business and the consumers.
Restatement of the Law, Consumer Contracts Is Available
This Restatement seeks to clarify how the courts have applied contract law embodied in the Restatement of the Law Second, Contracts to transactions that either were not contemplated at the time the earlier Restatement was completed.
ALI-ELI Webinar on the Use of Automated Decision-Making and Consumer Law
On February 8, ALI and ELI will host a webinar on the use of automated decision-making and consumer law.
Project Updates from the 2022 ALI Annual Meeting
Learn more about the actions taken at this year’s ALI Annual Meeting, held last month, where the membership met to discuss and vote on twelve ALI project drafts.
Restatement of the Law, Consumer Contracts: Significant Black Letter Changes Since 2019 Annual Meeting
This post is excerpted from a piece originally featured in the spring 2022 edition of The ALI Reporter.
January 2022 Council Meeting Updates
At its meeting on January 20 and 21, 2022, the ALI Council reviewed and discussed Council Drafts of nine projects.
Warranty, Product Liability and Transaction Structure: The Problem of Amazon
This article asks the question: Should Amazon be considered a “warrantor” for the purposes of making the implied warranty of merchantability when it serves as an intermediary between a third-party seller and a consumer buyer?
The Mysterious Market for Post-Settlement Litigant Finance
This Article is the first to present systematic, large-scale data on post-settlement litigant funding—the type of funding most NFL players reportedly received.
Ending the Use of Customer Arbitration
A recent article published in the New York Times discusses Amazon’s change to its legal complaints process for its customers. Until recently, Amazon customers were required to pursue disputes with the company through a private arbitration process instead of through the courts.
Incorporation of Standard Contract Terms on Websites
The draft of the American Law Institute’s Restatement of Consumer Contracts reflects the jurisdiction of the US courts on the ‘adoption’ (as the draft calls it) of standard contract terms into consumer contracts. This draft is of great value to European lawyers in understanding US developments, but it may also stimulate a reflection on the state and possible evolution of European legal systems.