This Restatement will focus on aspects of the law unique to consumer contracts and on regulatory techniques that are prominently applied in consumer-protection law with examples from specific statutes and regulations.
Reporters:
Oren-Bar-Gill, Harvard Law School, Cambridge, MA
Omri Ben-Shahar, University of Chicago Law School, Chicago, IL
Florencia Marotta-Wurgler, New York University School of Law, New York, NY
TABLE OF CONTENTS
Project Status at a Glance xiii
Foreword xv
Reporters’ Memorandum xix
Reporters’ Introduction 1
§ 1. Definitions and Scope 8
§ 2. Adoption of Standard Contract Terms 18
§ 3. Modification of Standard Contract Terms 53
§ 4. Discretionary Obligations 67
§ 5. Unconscionability 75
§ 6. Deception 99
§ 7. Affirmations of Fact and Promises That Are Part of the Consumer Contract 107
§ 8. Standard Contract Terms and the Parol Evidence Rule 115
§ 9. Effects of Derogation from Mandatory Rules 121
Appendix. Black Letter of Tentative Draft 129
The Tentative Draft contains all Sections of the project: Definitions and Scope; Adoption of Standard Contract Terms; Modification of Standard Contract Terms; Discretionary Obligations; Unconscionability; Deception; Affirmations of Fact and Promises That Are Part of the Consumer Contract; Standard Contract Terms and the Parol Evidence Rule; and Effects of Derogation from Mandatory Rules. Section 1 (Definitions and Scope) of the draft was approved by the membership at the 2019 Annual Meeting, subject to the discussion at the Meeting and to the usual editorial prerogative. There was insufficient time to consider the remaining material. The approved material may be cited as representing the Institute’s position until the official text of the entire project is published.
TABLE OF CONTENTS
Project Status at a Glance xiii
Foreword xv
Reporters’ Memorandum xix
Reporters’ Introduction 1
§ 1. Definitions and Scope 8
§ 2. Adoption of Standard Contract Terms 18
§ 3. Modification of Standard Contract Terms 53
§ 4. Discretionary Obligations 67
§ 5. Unconscionability 75
§ 6. Deception 99
§ 7. Affirmations of Fact and Promises That Are Part of the Consumer Contract 107
§ 8. Standard Contract Terms and the Parol Evidence Rule 115
§ 9. Effects of Derogation from Mandatory Rules 121
Appendix. Black Letter of Tentative Draft 129
The Tentative Draft contains all Sections of the project: Definitions and Scope; Adoption of Standard Contract Terms; Modification of Standard Contract Terms; Discretionary Obligations; Unconscionability; Deception; Affirmations of Fact and Promises That Are Part of the Consumer Contract; Standard Contract Terms and the Parol Evidence Rule; and Effects of Derogation from Mandatory Rules. Section 1 (Definitions and Scope) of the draft was approved by the membership at the 2019 Annual Meeting, subject to the discussion at the Meeting and to the usual editorial prerogative. There was insufficient time to consider the remaining material. The approved material may be cited as representing the Institute’s position until the official text of the entire project is published.
Foreword xiii
Reporters’ Memorandum xvii
Reporters’ Introduction 1
§ 1. Definitions and Scope 8
§ 2. Adoption of Standard Contract Terms 16
§ 3. Modification of Standard Contract Terms 39
§ 4. Discretionary Obligations 48
§ 5. Unconscionability 54
§ 6. Deception 77
§ 7. Affirmations and Promises Not Part of the Standard Contract Terms 84
§ 8. Integrated Agreements 90
§ 9. Effects of Derogation from Mandatory Rules 96
Appendix - Black Letter of Discussion Draft 105
This draft, submitted for discussion only at the 2017 Annual Meeting, contains the entire project (§§ 1-9). As planned, no vote was taken.