The Crisis of Online Contracts (as Told in 10 Memes)
Notre Dame Journal on Emerging Technologies, vol. 2 (2021); Santa Clara Univ. Legal Studies Research Paper
17 Pages Posted: 3 Mar 2021 Last revised: 11 Nov 2021
Date Written: Nov. 2021
This essay explains the “crisis” of online contracts, the legal fiction that consumers have assented to online contract terms when we have ample empirical evidence that they didn’t really mean to assent. The essay describes the crisis, and some possible solutions, using 10 Internet memes. The essay concludes that the crisis of online contracts may be the least-worst option among the alternatives.
Keywords: contract, tos, contract of adhesion, terms of service, online contracts, invisible hand
JEL Classification: k4, k12, d18, d41
Suggested Citation: Suggested Citation