CRM/LAW C101 Lecture Notes - Lecture 12: Browse Wrap, Arbitration Clause, Surrogacy
17 May 2019
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I agree boxes -> bound by the terms whether you know them or not. Individual has no bargaining power in these situations. Person cannot negotiate terms on take it or leave it basis. The more that they are proliferated the more they are naturalized -> something that we come to accept as part of system & social structure. Adhesion contracts: standardized terms are adhered to without any negotiation. Becomes problematic if contract is all one sided. Especially problematic if adhere to arbitration clause. Clickwrap contracts: i accept clickthroughs; link on the website that provides terms. Browsewrap contracts: simply by visiting & browsing online, you are held to those terms. Allowed to click on policies & practices so that can see terms & conditions. Visiting site alone involves entering into an agreement. Give up right to litigate case -> privatizing legal rights by clicking agree. No longer have right to settling issue in public forum.
