Open Doors, Trap Doors and the Law

31 Pages Posted: 2 Aug 2010 Last revised: 4 Jul 2015

Shmuel I. Becher

Victoria University of Wellington

Tal Zarsky

University of Haifa - Faculty of Law

Date Written: August 2, 2010

Abstract

Common wisdom teaches us to strive to keep our options open, and to the greatest extent. We are advised by mentors and peers to re-examine constantly decisions and offers and to seek out new ones, without losing sight and control of the old. This general preference can be articulated in various contexts through legalistic terminology. In this Article we focus on the context of consumer contract law, applying the term "Open Door" to refer to situations in which a consumer can exercise, within a well defined time frame, a right to rescind or withdraw from - and thus reverse - a contractual commitment.

Intuitively, leaving doors open makes perfect sense. This intuition could also be phrased in economic terms as an appropriate measure to minimize risk and effectively gather information. However, in many cases this line of reasoning is wrong. Lenient return policies providing for an Open Door might lead consumers to systematically misperceive the transaction at stake due to behavioral and cognitive biases. Thus, the Open Door can lead people to engage in sub-optimal transactions, or to purchase products they need not buy.

Additionally, the Open Door may send inaccurate signals, leading to market distortions. Therefore, keeping doors open might not be the optimal strategy that assures efficiency, wealth maximization and happiness. Employing an interdisciplinary approach, we demonstrate that the intuitive desire to leave doors open has far-reaching, diverse, and at times contradictory psychological, economic, and legal implications.

Keywords: Open Doors, Consumer Law, Consumer Contracts, Behavioral Law and Economics

JEL Classification: K12, K20

Suggested Citation

Becher, Shmuel I. and Zarsky, Tal, Open Doors, Trap Doors and the Law (August 2, 2010). 74 Law & Contemporary Problems 101 (2011). Available at SSRN: https://ssrn.com/abstract=1652198

Shmuel I. Becher (Contact Author)

Victoria University of Wellington

P.O. Box 600
Wellington, 6140
New Zealand

HOME PAGE: http://www.victoria.ac.nz/sacl/about/staff/samuel-becher

Tal Zarsky

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

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