Contract’s Adaptation and the Online Bargain

University of Cincinnati Law Review, Vol. 79, 2011

57 Pages Posted: 31 Jul 2011  

Nancy S. Kim

California Western School of Law

Date Written: July 29, 2011

Abstract

The model of traditional contracts is that of two individuals negotiating terms that are to each party’s advantage. This model persists even though it no longer reflects the reality of consumer contracts. This Article traces the evolution of modern day consumer contracts and explains how courts have accommodated business needs by distorting contract law. This Article argues that the doctrine of consideration should be reconceptualized in light of new technologies and changes in doctrinal application. It concludes that in order to restore contract law’s legitimacy, courts must allocate the burdens of technological and doctrinal changes in a more evenhanded manner. One way to do this is to require that websites use their technical advantage to enable the consumer to indicate bargaining.

Suggested Citation

Kim, Nancy S., Contract’s Adaptation and the Online Bargain (July 29, 2011). University of Cincinnati Law Review, Vol. 79, 2011 . Available at SSRN: https://ssrn.com/abstract=1898828

Nancy S. Kim (Contact Author)

California Western School of Law ( email )

225 Cedar Street
San Diego, CA 92101
United States

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