Consumer contracts are receiving increasingly intense scrutiny by legislators, regulators and courts. Can we rely on assent to ensure fair terms? Or must we seek alternatives to assent? What should be done about arbitration clauses, unilateral change clauses, liability disclaimers, lax privacy policies and other problematic terms in consumer contracts? Should regulators respond with mandates and bans or should they pursue less paternalistic approaches? Can contract law doctrine protect consumers? The seminar will explore these and related questions.
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