After reading the article “Situational Duress and the Aberrance of Electronic Co

Question

After reading the article “Situational Duress and the Aberrance of Electronic Contracts” 89_Chi.-Kent_L._Rev._265,_(1).pdf listed in the “Additional Resources” section, please prepare a three to four page written summary double-spaced with standard one-inch margins using the following guidelines and the grading rubric.

Article Citation

• Article Summary (bulleted list): The student must list five to ten key points from the article.

• Special Insights: These might include questions raised but not answered by the article or particular applications to the student’s personal/professional life

Explanation / Answer

Situational Duress and the Aberrance of Electronic Contracts-

Article Summary-

In the past decade, electronic contracts have spread dramatically and are now ubiquitous on the Internet and handheld devices. Electronic contracts are aberrant in a variety of ways, including their form, their medium, and their content.

This article proposes the new defense of “situational duress” to address the exploitative use of electronic contracts in certain situations. As with traditional duress, in order to avoid a contract on the grounds of situational duress, a consumer would have to prove that the drafting company made an improper threat that left the consumer with no reasonable alternative.

Part I explains why electronic contracts are aberrant and explains how the developing laws in this area deviates from traditional contract doctrine. Part II explains how the defense situational duress would operate and how it would respond to, and rectify problems associated with, electronic contracts. Part III also addresses anticipated objections to such a defense.

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