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There has to be equal information, equal negotiating power and recourse for both parties. There are many cases where there is a huge disparity in information be
by landryraccoon 9y ago
There has to be equal information, equal negotiating power and recourse for both parties. There are many cases where there is a huge disparity in information between the parties : Doctors and patients, for example, is an obvious case, or between lawyers and their clients. I would argue that Amazon has far more negotiating power and information in any contract with the average consumer, and therefore the law should be heavily biased in favor of the consumer. Even if there was no binding arbitration and Amazon does screw up and harms the consumer, will the consumer even have the resources to prevail in a lawsuit? Binding arbitration stacks the deck even more in the favor of the more powerful party.
If Amazon were signing a contract with Google or Apple, I assume that they both would have relatively equal negotiating power and access to information. With you or I? I highly doubt I can afford it.