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...
Tom Baker, Kyle D. Logue and Jennifer Morinigo | May 17, 2018 | Liability Insurance
The following entry is excerpted from the Reporters’ Notes, Black Letter and Comment from Proposed Final Draft No. 2 of Section 5. Waiver. REPORTERS’ NOTE (abridged) a. The function of waiver. The general contract doctrine of waiver is discussed in Restatement Second,...
Ward Farnsworth and Pauline Toboulidis | May 9, 2018 | Torts: Economic Harm
When is it a tort to interfere with somebody else’s contract? In this video, project Reporter Ward Farnsworth discusses the development of the tort of interference with economic interests since the Restatement Second of Torts. Included below the video is the...
Michael P. Daly and Ashley M. Super | September 26, 2017 | Consumer Contracts
The Ninth Circuit recently affirmed an order compelling individual arbitration of deceptive pricing claims in a putative class action against Amazon. See Wiseley v. Amazon.com, Inc., No. 15-56799 (9th Cir. Sept. 19, 2017). The decision is notable because it rejects a...
Michael P. Daly | August 25, 2017 | Consumer Contracts
Last year, the Southern District of New York refused to enforce Uber’s Terms of Service because it believed that the agreement’s placement was inconspicuous and the consumer’s acceptance was ambiguous. Last week, the Second Circuit vacated that order and found that...
