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Thursday, July 18, 2019


Adam Levitin

this is a really important problem. I think it has real implications for the draft Restatement of Consumer Contracts. the draft Restatement would apply a standard of reasonable notice for determining if standard contract terms are incorporated into a consumer contract. But figuring out what is reasonable is going to depend in part on the media through which the consumer views the terms. It's really difficult to know ex ante what's reasonable given variations in screen size, OS, etc. Indeed, even the brightness settings of the screen might matter.

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