Wednesday, December 30, 2009

SSRN-Terms of Use by Mark Lemley

SSRN-Terms of Use by Mark Lemley: "Ten years ago, courts required affirmative evidence of agreement to form a contract. No court had enforced a shrinkwrap license, much less treated a unilateral statement of preferences as a binding agreement. Today, by contrast, it seems widely (though not universally) accepted that if you write a document and call it a contract, courts will enforce it as a contract even if no one agrees to it."
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New law review article that talks about the increasing use of standardized adhesion "contracts."

1 comment:

Anonymous said...

Except it looks like a 2006 paper and not a new one.