Standard Terms Contracting in the Global Electronic Age: European Alternatives

Abstract

This article examines American, European Union and German standard terms laws from an American perspective. It considers not only current law, but significant aspects of the development of these bodies of law. It sets out general issues involved in standard terms laws and summarizes American law. It notes the origin of American concepts in Europe and examines standard terms in the struggle over revision of the Uniform Commercial Code. It looks at the law of the European Union and its origin in the consumer movement. It considers in detail the law of one Member State as an example, that of Germany.

Keywords: Standard terms law, unconscionability, 2-302, consumer law, legal history, comparative law, click-wrap, rolling contracts, adhesion