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Remedy Realities in Business-to-Consumer Contracting

50 Pages Posted: 10 Jun 2016  

Amy Schmitz

University of Missouri School of Law

Abstract

Professor Jean Braucher greatly contributed to the exploration of consumer and contract law by questioning how the law operates in the real world and highlighting the importance of “law in action.” In recognition of that contribution, this Article focuses on law in action with respect to consumers’ quest to obtain remedies regarding their business-to-consumers (“B2C”) contracts. Currently, consumers often have no practical recourse with respect to B2C purchase problems due to the complexity, cost, and inconvenience of the processes for obtaining remedies. Accordingly, stated legal rights become meaningless for individuals living in the real world. This Article, therefore, explores access to consumer remedies and proposes ideas for expanding that access through development of fair and efficient online dispute resolution (“ODR”) processes.

Keywords: consumer, contracts, contracting, remedy, business, Braucher, B2C, online, dispute, ODR, remedies

Suggested Citation

Schmitz, Amy, Remedy Realities in Business-to-Consumer Contracting. 58 Arizona Law Review 213 (2016); University of Missouri School of Law Legal Studies Research Paper No. 2016-10. Available at SSRN: https://ssrn.com/abstract=2793506

Amy Schmitz (Contact Author)

University of Missouri School of Law ( email )

Missouri Avenue & Conley Avenue
Columbia, MO 65211
United States
573-882-5969 (Phone)

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