By Samuel Becher/The Conversation
Most of us will have entered into consumer contracts with large companies and ticked a box to confirm we understand the terms and conditions without bothering to read the fine print.
We accept standard form contracts when using social media, booking flights, opening a bank account, subscribing to a gym or renting a car. In all these cases, companies offer pre-drafted standardized agreements that are non-negotiable.
At the same time, consumers are legally assumed to have read the terms and conditions of their contracts. Because of this “duty to read,” consumers are held responsible for the written terms of their agreements, regardless of whether they read them.
But while consumers have the legal burden to read their contracts, companies do not have a general duty to offer readable ones. As our research shows, most of them are incomprehensible.
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Posted on February 5, 2019