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The idea is that arbitration reduces the burden on the justice system while simultaneously giving people a faster and cheaper method for dispute resolution. Unf

The idea is that arbitration reduces the burden on the justice system while simultaneously giving people a faster and cheaper method for dispute resolution. Unfortunately contract law seems to be written with the assumption that the sides have equal power and their lawyers have negotiated the terms of the contract. In today's world where contacts are simply forced upon individuals by corporations, maybe we should revisit contract law.

ema 8y ago
In which way is Amazon's TOS forced upon me? I could choose to not shop there, couldn't I?
- Retric 8y ago
  You can shop there without being aware it exists.
- the_duke 8y ago
  The same reason why large parts of TOS are usually unenforceable. Almost no one reads them. Even of those that read them, most couldn't understand the finer legal points and implications contained therein.
- smnrchrds 8y ago
  Sometimes TOS is forced. Imagine living in an area with only a single ISP. You can technically forego internet access, but for most people that is not a realistic option. But even in the case of Amazon, TOS is forced on you in the sense that you have no way of negotiating it. It is not a meeting of the minds; they write it and you sign it, often without even reading it. This is not the assumption with which contract law was written.
howard941 8y ago
I'm not optimistic about revisiting contract law for this abuse. The grounds might be adhesion (I'm drawing a blank for other grounds but haven't had coffee yet) but those attacks haven't been successful since time immemorial (exaggeration?). After the coming change in government Congress needs to reign the Federal Arbitration Act back in to its intended purpose, that of encouraging ADR in B2B environments, and sew some testicles onto an aggressive FTC. The role for government to step in and aggressively resolve unfair trade practices is clear when arbitration is forced on monopoly customers and customers for whom there is no ability to meaningfully negotiate contract terms.

ema 8y ago

In which way is Amazon's TOS forced upon me? I could choose to not shop there, couldn't I?

Retric 8y ago
You can shop there without being aware it exists.
the_duke 8y ago
The same reason why large parts of TOS are usually unenforceable. Almost no one reads them. Even of those that read them, most couldn't understand the finer legal points and implications contained therein.
smnrchrds 8y ago
Sometimes TOS is forced. Imagine living in an area with only a single ISP. You can technically forego internet access, but for most people that is not a realistic option. But even in the case of Amazon, TOS is forced on you in the sense that you have no way of negotiating it. It is not a meeting of the minds; they write it and you sign it, often without even reading it. This is not the assumption with which contract law was written.

howard941 8y ago

I'm not optimistic about revisiting contract law for this abuse. The grounds might be adhesion (I'm drawing a blank for other grounds but haven't had coffee yet) but those attacks haven't been successful since time immemorial (exaggeration?). After the coming change in government Congress needs to reign the Federal Arbitration Act back in to its intended purpose, that of encouraging ADR in B2B environments, and sew some testicles onto an aggressive FTC. The role for government to step in and aggressively resolve unfair trade practices is clear when arbitration is forced on monopoly customers and customers for whom there is no ability to meaningfully negotiate contract terms.