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.
Omri Ben-Shahar and Florencia Marotta-Wurgler | April 16, 2019 | Consumer Contracts
Consumer contracts are everywhere. The number of contracts you enter into today may surprise you. Most of the contracts you enter into no longer involve a pen and paper. Purchasing a morning coffee, visiting a website, or scheduling a delivery are just a few daily...
Steven O. Weise | April 5, 2019 | Consumer Contracts
Last fall, the ALI Council approved Council Draft No. 5 of the Restatement of the Law, Consumer Contracts, for submission to the members at the ALI Annual Meeting in May 2019, subject to the discussion at the Council meeting and the usual editorial prerogatives. The...
Steven O. Weise | March 27, 2019 | Consumer Contracts
This article was originally posted on Notice & Comment.“Empiricism and Privacy Policies in the Restatement of Consumer Contract Law” (Empiricism) asks the wrong question and takes the wrong approach to answering that question. A second article in same issue of the...
Lauren Klosinski | December 13, 2018 | American Indian Law, Children and the Law, Compliance and Enforcement for Organizations, Consumer Contracts, Policing, Torts: Intentional Torts to Persons
During its meeting in New York City on October 18 and 19, the ALI Council reviewed drafts for seven Institute projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make...
Lauren Klosinski | August 17, 2018 | Consumer Contracts
In the defining decision, Cullilane v. Uber Technologies, the First Circuit Court of Appeals reversed a district court’s grant of Uber Technologies’s motion to compel arbitration and dismiss the complaint of a putative class action brought by users of Uber’s...
Jennifer Morinigo | January 23, 2018 | Consumer Contracts, Government Ethics, International Commercial and Investor-State Arbitration, Liability Insurance, Sexual Assault, Student Sexual Misconduct, Torts: Economic Harm
At its meeting in Philadelphia on January 18 and 19, the Council reviewed drafts for several projects, with the following outcomes: Consumer Contracts: The Council discussed § 1, Definitions and Scope, and § 2, Adoption of Standard Contract Terms, of Council Draft No....
