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Wrap Contracts: Foundations and Ramifications

Nancy Kim

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.001.0001
Subject:
Law, Company and Commercial Law

This book explains why wrap contracts were created, how they have developed, and what this means for society. The book uses hypotheticals, cases, and real world examples. It discusses court decisions ... More


Conclusion

Nancy S. Kim

in Wrap Contracts: Foundations and Ramifications

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.003.0012
Subject:
Law, Company and Commercial Law

This chapter presents some final thoughts. It argues that courts must acknowledge the fact that wrap contracts are not the same as traditional paper contracts. The flexibility of contract law can ... More


Reshaping Wrap Contract Doctrine

Nancy S. Kim

in Wrap Contracts: Foundations and Ramifications

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.003.0011
Subject:
Law, Company and Commercial Law

This chapter proposes a number of doctrinal adjustments to existing contract law that recognize the difference contractual form makes. These adjustments are as follows: recognizing a duty to draft ... More


Problems of Form

Nancy S. Kim

in Wrap Contracts: Foundations and Ramifications

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.003.0006
Subject:
Law, Company and Commercial Law

This chapter distinguishes wrap contracts from other contracts of adhesion. Wrap contracts share many of the characteristics of other contracts of adhesion. There are exceptions: wrap contracts are ... More


The Sense and Nonsense of Wrap Contract Doctrine

Nancy S. Kim

in Wrap Contracts: Foundations and Ramifications

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.003.0008
Subject:
Law, Company and Commercial Law

This chapter attempts to provide a coherent framework for understanding the existing case law on wrap contracts. The discussions cover notice and wrap contract formation; the doctrinal rules that are ... More


Buying your Self on the Internet: Wrap Contracts and Personal Genomics

Andelka M. Phillips

Published in print:
2019
Published Online:
May 2020
ISBN:
9781474422598
eISBN:
9781474476485
Item type:
book
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9781474422598.001.0001
Subject:
Law, Legal Profession and Ethics

The personal genomics industry (aka direct-to-consumer genetic testing) has created a market for genetic tests as consumer services. This has taken genetic testing out of the clinic and into people’s ... More


Introduction

Nancy S. Kim

in Wrap Contracts: Foundations and Ramifications

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.003.0001
Subject:
Law, Company and Commercial Law

This chapter begins with a brief definition of wrap contracts. It then sets out the book's purpose, which is to explain how businesses, courts, and technology create a coercive contracting ... More


Problems of Substance

Nancy S. Kim

in Wrap Contracts: Foundations and Ramifications

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.003.0007
Subject:
Law, Company and Commercial Law

This chapter explains how companies strategically use wrap contracts to acquire rights without bargaining and to establish and embed by stealth practices before users and regulators realize what has ... More


Form, Function, and Notice

Nancy S. Kim

in Wrap Contracts: Foundations and Ramifications

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.003.0009
Subject:
Law, Company and Commercial Law

This chapter discusses the relevance of notice in online contracting. It begins by explaining the so-called duty to read. It then discusses what a notice is; intent and consent in contracts, torts, ... More


Contracts in Wonderland

Nancy S. Kim

in Wrap Contracts: Foundations and Ramifications

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.003.0010
Subject:
Law, Company and Commercial Law

This chapter begins by presenting scenarios that illustrate the harm that can be caused by wrap contacts. It then discusses contract law and the right of publicity; wrap contracts and federal laws; ... More


Why Enforce Contracts?

Nancy S. Kim

in Wrap Contracts: Foundations and Ramifications

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.003.0002
Subject:
Law, Company and Commercial Law

This chapter explains why contracts are enforced. Specifically, it discusses individualist/deontic theories, consequentialist theories, and multivalue theories of contract law. Individual autonomy or ... More


Contracts and Contract Law in Societal Context

Nancy S. Kim

in Wrap Contracts: Foundations and Ramifications

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.003.0003
Subject:
Law, Company and Commercial Law

This chapter examines the societal interests addressed by contracts and contract law. It discusses contract law and evolving business needs; contracts of adhesion; and function, fluidity, and ... More


Contract Terms as Sword, Shield, and Crook

Nancy S. Kim

in Wrap Contracts: Foundations and Ramifications

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199336975
eISBN:
9780199356003
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199336975.003.0005
Subject:
Law, Company and Commercial Law

This chapter examines the substantive terms contained in wrap contracts and how they have evolved with changes in form. It discusses the contract as shield; the contract as sword; and the contract as ... More


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