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Some Realities of Online Contracting

Authors: Florencia Marotta-Wurgler;

Some Realities of Online Contracting

Abstract

Internet commerce has led to novel forms of contracting that raise challenging legal and regulatory questions. For instance, many online sellers do not present standard form terms until after consumers purchase their product, or place them in inconspicuous links, making it hard for buyers to read them and comparison shop. Regulators and consumer advocates fear that this practice undermines the notion of assent, making consumers vulnerable to seller exploitation. Recent proposals seek to curb the potential for seller abuse through increasing contract disclosure and prohibiting certain onerous dispute resolution clauses, such as forum selection clauses. If such interventions are developed in the absence of clear evidence of advantage-taking, however, they risk distorting efficient business practices or imposing unnecessary costs. In addition, certain regulations, such as increased disclosure, might simply be ineffective. This article reviews new empirical evidence on these questions from studies of software...

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    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
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    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
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Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
11
Top 10%
Top 10%
Average
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