Tag: contract law
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Contract law assumes equal bargaining power that almost never exists
Contract law pretends both parties freely negotiate, but most agreements today are take-it-or-leave-it. The fiction protects whoever already has leverage.
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Forced arbitration clauses are how corporations escaped the legal system
Forced arbitration clauses, hidden in everyday contracts, have stripped consumers of jury trials and class actions. The shift happened with little public notice.
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Class action waivers gutted consumer protection and Congress is fine with it
Class action waivers in consumer contracts have stripped legal recourse from millions. The Supreme Court enforces them; Congress hasn’t intervened.
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Nobody reads terms of service and the courts know it
Terms of service are unread by design and enforced anyway. The legal doctrine of contract has quietly stretched to cover what no one actually agreed to.