Zombie contracts, dark patterns of design, and ‘documentisation’

Abstract

Standard form consumer contracts (SFCCs), including Terms of Service agreements, are drafted by businesses and presented to consumers on a non-negotiable basis. Since these contracts present an asymmetric imbalance of information and resources between parties, they have been of concern for consumer rights in recent years. While some have characterized these issues as a ‘duty to read’ for consumers or as egregious terms and weak disclosures by drafters,’ this project suggests at least part of the issues exist from a lack of consideration of the document itself (i.e., medium, format, authenticy, reliability, stability) and the processes that deem it ‘standard.’

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