Freedom of Contract in an Augmented Reality: The Case of Consumer Contracts
Scott R. Peppet
University of Colorado Law School
August, 29 2011
UCLA Law Review, 2012
U of Colorado Law Legal Studies Research Paper No. 11-14
This Article argues that freedom of contract will take on different meaning in a world in which ubiquitous information about places, goods, people, firms and contract terms is available to contracting parties anywhere, any time. In particular, our increasingly “augmented reality” calls into question leading justifications for distrusting consumer contracts - and thereby strengthens traditional understandings of freedom of contract as enforcing contracts as written. This is largely a descriptive and predictive argument: the Article aims to introduce contract law to these technologies and consider their most likely effects. It certainly has normative implications, however. Given that the vast majority of consumer contracting occurs in physical space, the introduction of ubiquitous digital information into these transactions has profound consequences for contract law.
Number of Pages in PDF File: 55
Keywords: contract, law and economics, economics, consumer protection, consumer contracts, behavioral law and economics, technology
JEL Classification: K12, D11, D82, D83
Date posted: August 29, 2011
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