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.