Freedom of Contract in an Augmented Reality: The Case of Consumer Contracts

55 Pages Posted: 29 Aug 2011  

Scott R. Peppet

University of Colorado Law School

Date Written: August, 29 2011

Abstract

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.

Keywords: contract, law and economics, economics, consumer protection, consumer contracts, behavioral law and economics, technology

JEL Classification: K12, D11, D82, D83

Suggested Citation

Peppet, Scott R., Freedom of Contract in an Augmented Reality: The Case of Consumer Contracts (August, 29 2011). UCLA Law Review, 2012; U of Colorado Law Legal Studies Research Paper No. 11-14. Available at SSRN: https://ssrn.com/abstract=1919013

Scott R. Peppet (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

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