This Restatement project draws on the Restatement Second of Contracts, the Uniform Commercial Code, and on court opinions in cases involving disputes between businesses and consumers. The project does not cover all possible aspects of the law that may govern these disputes, but instead has a focus primarily on the rules that determine how terms are adopted and which processes a business can use to introduce and modify terms in the agreement.
The Restatement is organized as follows:
§ 1. Definitions and Scope
§ 2. Adoption of Standard Contract Terms
§ 3. Modification of Standard Contract Terms
§ 4. Discretionary Obligations
§ 5. Unconscionability
§ 6. Deception
§ 7. Affirmations of Fact and Promises That Are Part of the Consumer Contract Terms
§ 8. Standard Contract Terms and the Parol Evidence Rule
§ 9. Effects of Derogation from Mandatory Rules
Reporters
Oren Bar-Gill
Reporter, Restatement of the Law, Consumer Contracts
Oren Bar-Gill is the William J. Friedman and Alicia Townsend Friedman Professor of Law and Economics at Harvard Law. His scholarship focuses on the law and economics of contracts and contracting.
Omri Ben-Shahar
Reporter, Restatement of the Law, Consumer Contracts
Omri Ben-Shahar is the Leo and Eileen Herzel Professor of Law and Kearney Director of the Coase-Sandor Institute for Law and Economics at University of Chicago Law School. He teaches contracts, sales, trademark law, insurance law, consumer law, e-commerce, food law, law and economics, and game theory and the law. He writes primarily in the fields of contract law and consumer protection.
Florencia Marotta-Wurgler
Reporter, Restatement of the Law, Consumer Contracts
Florencia Marotta-Wurgler is a professor of law at New York University School of Law and the director of NYU Law Abroad in Buenos Aires. Her teaching and research interests are contracts, consumer privacy, electronic commerce, and law and economics. Her published research has addressed various problems associated with standard form contracts online, such as the effectiveness of disclosure regimes, delayed presentation of terms, and whether people read the fine print.
Jennifer Morinigo | August 15, 2024 | Consumer Contracts
The Restatement of the Law, Consumer Contracts is now available. This Restatement seeks to clarify how the courts have applied contract law embodied in the Restatement of the Law Second, Contracts to transactions that either were not contemplated at the time the...
The European Law Institute | February 6, 2024 | Consumer Contracts
This post originally appeared on the European Law Institute’s website. The American Law Institute (ALI) and European Law Institute (ELI) invite you to join their webinar on the use of automated decision-making and consumer law on 8 February 2024 from 18:00–19:30 CET...
Pauline Toboulidis | June 1, 2022 | Children and the Law, Conflict of Laws, Consumer Contracts, Copyright, Inside The ALI, Policing, Property, Sexual Assault, Student Sexual Misconduct, Torts: Miscellaneous Provisions, Torts: Remedies, Uniform Commercial Code
Last month, ALI membership met at the 2022 Annual Meeting to discuss and vote on 12 ALI project drafts. Below is a list of the projects by date presented to the ALI membership for discussion at the Meeting. Learn more about the actions taken at the Meeting here. All...
Steven O. Weise | May 2, 2022 | Consumer Contracts
The below introduction is excerpted from a piece originally featured in the spring 2022 edition of The ALI Reporter. The complete article is available here. Tentative Draft No. 2 of Restatement of the Law, Consumer Contracts will be presented to ALI membership at the...
Pauline Toboulidis | January 25, 2022 | Conflict of Laws, Consumer Contracts, Copyright, Inside The ALI, Policing, Property, Sexual Assault, Student Sexual Misconduct, Torts: Miscellaneous Provisions, Uniform Commercial Code
At its meeting on January 20 and 21, 2022, the ALI Council reviewed and discussed Council Drafts of nine projects and approved drafts and portions of drafts as listed below.* Conflict of LawsThe Council approved the following material in Council Draft No. 6: §§...
Edward J. Janger and Aaron Twerski | September 14, 2021 | Consumer Contracts, Uniform Commercial Code
Below is the abstract for “Warranty, Product Liability and Transaction Structure: The Problem of Amazon,” available for download on SSRN. Amazon, and other internet sales platforms, have revolutionized the manner in which goods are purchased and sold. The obligations...
