January 31, 2010
Mixed policy signals in the online world
American courts and legislatures rely on notions of public policy to override the wishes of contracting parties, refusing to enforce contracts (or parts of contracts) which they deem to be contrary to important public interests. They also often adopt policies to encourage certain kinds of contracting behavior. What happens when the two situations collide? A new law student paper, The One-Sided Voidability of Contracts Impacted by 47 U.S.C. § 230, takes a look at one example of the problem -- the interaction of contract law with the Communications Decency Act of 1996.
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