UCLA Law Review
Scott R. Peppet, Freedom of Contract in an Augmented Reality: The Case of Consumer Contracts, 59 UCLA L. Rev. 676 (2012), available at https://scholar.law.colorado.edu/faculty-articles/119.
This Article argues that freedom of contract will take on different meaning in a world in which new technology makes information about places, goods, people, firms, and contract terms available to contracting parties anywhere, at any time. In particular, our increasingly "augmented reality" calls into question leading justifications for distrusting consumer contracts and strengthens traditional understandings of freedom of contract. This is largely a descriptive and predictive argument: This Article aims to introduce contract law to these technologies and consider their most likely effects. It certainly has normative implications, however. Given that the vast majority of consumer contracting occurs in physical space, the introduction of ubiquitous digital information into these transactions has profound consequences for contract law.
Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required.