Taking Notice Seriously: Information Delivery and Consumer Contract Formation

Margaret Jane Radin

Abstract


Courts in the United States are finding that recipients can be bound by fine-print terms (boilerplate) if they had notice of them. Without directly confronting the overarching normative question whether notice can cause contractual obligation, this Article takes notice seriously by focusing on how psychological characteristics of “HUMANs” suggest rethinking of when effective notice is (or is not) likely to occur.


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THE BUCHMANN FACULTY OF LAW  |  TEL AVIV UNIVERSITY