Nancy S Kim

Wrap Contracts

Foundations and Ramifications

• Gebundenes Buch

Produktbeschreibung

In Wrap Contracts: Foundations and Ramifications, Nancy Kim explains why wrap contracts were created, how they have developed, and what this means for society.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 240
• Erscheinungstermin: 9. September 2013
• Englisch
• Abmessung: 236mm x 160mm x 23mm
• Gewicht: 431g
• ISBN-13: 9780199336975
• ISBN-10: 0199336970
• Artikelnr.: 38050660

Autorenporträt

Nancy S. Kim is Professor of Law at California Western School of Law, and Visiting Professor at Rady School of Management, University of California, San Diego. She is Chair-Elect of the Contracts Section of the Association of American Law Schools, and a member of its Executive Committee of the Commercial and Related Consumer Law Section, as well as a past member of its Executive Committee of the Internet and Computer Law Section. She is a former Ford Foundation fellow and Women's Law and Public Policy fellow. Previously she was Vice President of Business and Legal Affairs of Exigen, Inc., a multinational software and services company. She has worked in business and legal capacities for several Bay Area technology companies and was an associate in the corporate law departments at Heller Ehrman White & McAuliffe in San Francisco and Gunderson Dettmer in Menlo Park.

Inhaltsangabe

Chapter 1: Introduction
Chapter 2: Why Enforce Contracts?
A. Individualistic/Deontic Theories
B. Consequentialist Theories
C. Dynamic or "Multi-Value" Theories of Contract Law
Chapter 3: Contracts and Contract Law in Societal Context
A. Contract Law and Evolving Business Needs
B. Contracts of Adhesion
C. Function, Fluidity and Instructive Contracts
Chapter 4: The Rise of 'Wrap Contracts: The Early Cases
A. Shrinkwraps
B. Clickwraps
C. Browsewraps
Chapter 5: Contract Terms as Sword, Shield and Crook
A. Contract as Shield
B. Contract as Sword
C. Contract as Crook
Chapter 6: Problems of Form
A. Is a 'Wrap Contract Just Another Contract of Adhesion?
B. Sadistic Contracts
Chapter 7: Problems of Substance
A. 'Wrap Contracts and Norm Shifting
B. Getting Something for Nothing: The Old Bait and Switch
C. The Limits of Unconscionability and the Problem of Other Laws
Chapter 8: The Sense and Nonsense of 'Wrap Contract Doctrine
A. What is Sufficient Notice?
B. An Outline of 'Wrap Contract Doctrine
C. A New Kind of Judicial Activism
Chapter 9: Form, Function, and Notice
A. What is a Notice?
B. Intent and Consent in Contracts, Torts and Property
C. Contract Functionalism
Chapter 10: Contracts in Wonderland
A. Contract Law and the Right of Publicity.
B. 'Wrap Contracts and Federal Laws
C. Terms of Disservice
Chapter 11: Reshaping 'Wrap Contract Doctrine
A. Imposing a Duty to Draft Reasonably
B. Tailoring Assent
C. Interpretation, Construction and Contract Form and Function
D. Environmental Coercion
Chapter 12: Conclusion
Index