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
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.