Assume a franchisor takes destructive economic actions toward his franchisee in order to force the latter to give up the franchise. The franchisee, in turn, sues the franchisor for constructive termination of the franchise contract. Can the franchisee file such a suit before actually abandoning...

A major goal of federal disclosure laws is to ensure that pre-contractual disclosure documents are readable, i.e., easily understood by the average disclosee. Focusing as a case study on 523 U.S. disclosures in the franchise industry, this Article empirically indicates that disclosures are often...

Consumer contracts are a pervasive legal tool that governs much of our daily activities. In spite of – or perhaps due to – their ubiquity, consumer contracts are routinely modified by businesses after being accepted by consumers. Common modifications include, for example, a change in fees,...

The duty to read doctrine is a well-recognized building block of U.S. contract law. Under this doctrine, contracting parties are held responsible for the written terms of their contract, whether or not they actually read them. The application of the duty to read is especially interesting in the...

Firms routinely terminate their contractual relationship with consumers. During 2019-2020, for example, Facebook terminated 5.4 billion accounts that were supposedly fake; WhatsApp announced that it is terminating 2 million user accounts per month for apparently spreading fake news; and Discord,...

A fundamental task that courts regularly perform in contract law is the identification of the terms of a disputed agreement. This task has raised a significant theoretical debate among contract law scholars: should courts apply a formalistic or a non-formalistic approach when identifying the...

Millions of consumers are routinely subject to non-transparent consumer contracts. Such contracts undermine fundamental contract law notions. They leave consumers uninformed and disempowered. They also encourage unethical behavior and undercut the ability of legal and meta-legal forces to...

Digital markets and the online environment allow individuals to enjoy free means of communications and relatively cheap services and goods in exchange for their data and privacy. As a result, firms hold unimaginable information on consumers. Privacy experts have been well aware of this reality...