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The Law Market$
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Larry E. Ribstein and Erin O'Hara

Print publication date: 2009

Print ISBN-13: 9780195312898

Published to Oxford Scholarship Online: May 2009

DOI: 10.1093/acprof:oso/9780195312898.001.0001

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Consumer Contracts

Consumer Contracts

(p.133) 7 Consumer Contracts
The Law Market

Erin A. O'Hara (Contributor Webpage)

Larry E. Ribstein (Contributor Webpage)

Oxford University Press

This chapter explores the use of choice-of-law, choice-of-court, and arbitration clauses in consumer contracts, including electronic commerce. It explores the question of the extent to which contracting choices effectively made unilaterally by firms should be enforced against consumers. Arguments for regulation may have more political traction in this setting than in the commercial context. This chapter discusses the supply and demand sides of the law market for consumer contracts generally. It also illustrates the law market in action by exploring some similarities and differences in the features of the law markets for credit cards, payday loans, insurance contracts, and electronic commerce. These four contexts involve diverse market environments that provide a range of law market lessons.

Keywords:   choice of law, choice of court, arbitration, electronic commerce, law market, credit cards, payday loans, insurance

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