Wrap Contracts
Foundations and Ramifications
Nancy S. Kim
Reviews and Awards
"How many contracts have you signed today? As Nancy Kim demonstrates in this engaging and accessible book, the answer is: 'more than you think.' She explains how we've drifted into a world in which unilateral private statements, not public laws, control our behavior, online and elsewhere. And she offers us a sensible way out of the mess in which we find ourselves. Well worth reading for anyone who cares about who controls what they do online." --Mark A. Lemley, William H. Neukom Professor, Stanford Law School Director, Stanford Program in Law, Science, and Technology Partner, Durie Tangri LLP
"Professor Nancy Kim's new book, Wrap Contracts: Foundations and Ramifications, is essential reading for academics, judges, and lawyers interested in the nature, functions, and enforcement of Internet contracts. Wrap Contracts is a comprehensive, yet accessible treatment of the formation of contracts in the age of digital technology, of the behavior of businesses and consumers in this new environment, and of the limitations of current doctrine to administer these contracts. The book also contributes useful ideas about changes in the law that could better and more fairly facilitate electronic contracting. Wrap Contracts is also valuable for its vast collection and discussion of pertinent cases and secondary sources." --Robert A. Hillman, Edwin H. Woodruff Professor of Law, Cornell University Law School
"I recommend picking up a copy; the author both synthesizes and meaningfully extends her important thinking on the evolving role of contracts in a digital world. The sophisticated practitioner, too, has something to gain, particularly from later parts of the book where Kim explores the origins and strategic uses of wrap contracts and makes recommendations that attorneys may one day encounter in a court opinion or Federal Trade Commission complaint." --Ryan Calo on ContractsProf Blog, Assistant Professor, University of Washington School of Law, and Faculty Director, Tech Policy Lab, University of Washington
"Kim does a terrific job categorizing and describing the various types of wrap contracts. Wrap Contracts forcibly describes how businesses, the courts, and technology have created a new world for contracting parties and how fundamental contract formation principles have been skewed to favor the drafting party. Reading Wrap Contracts was enjoyable because it made me re-visit some of the concepts relating to contract law that I putatively learned during my first year of law school and for the bar exam. I highly recommend this book to anyone who either drafts or litigates contracts. It is provocative, thoroughly researched with terrific references, and very stimulating." -Frederic H. Marienthal, Partner at Kutak Rock LLP (The Colorado Lawyer)