Courts in the United States are finding that recipients can be bound by fine-print terms (boilerplate) if they had notice of them. Without directly confronting the overarching normative question whether notice can cause contractual obligation, this Article takes notice seriously by focusing on how psychological characteristics of “HUMANs” suggest rethinking of when effective notice is (or is not) likely to occur.
*Faculty of Law Distinguished Research Fellow, University of Toronto; Henry King Ransom Professor of Law, emerita, University of Michigan; Wm. Benjamin Scott & Luna M. Scott Professor of Law, emerita, Stanford University
Theoretical Inquiries in Law (TIL) is devoted to the application to legal thought of insights developed by diverse disciplines such as philosophy, sociology, economics, history and psychology. The range of legal issues dealt with by the journal is virtually unlimited, subject only to the journal’s commitment to cross-disciplinary fertilization of ideas.