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Nancy S. Kim

Online contracts, such as website terms of use, are typically ignored by consumers yet courts and companies treat them as binding contracts. This chapter explores the origins of online contracts and the development of the law in this area. Companies have adopted novel contracting forms in response to business and marketplace needs and courts have adjusted contract law to accommodate them. The burdens of these new contracting forms, however, have been placed primarily upon consumers. This chapter suggests ways that contract law could further evolve to more evenly balance the burdens of online contracting.