Despite the ubiquitousness of standard form contracts in the world of consumer transactions, there is no consensus as to how these contracts ought to be constructed. Some courts continue to treat form contracts as if they were classically negotiated contracts. Others attempt in a variety of ways to factor in the reality that consumers entering into these contracts are not able to negotiate the terms and almost always sign these documents, which are presented on a take-it-or-leave-it basis, without reading them. This article posits that the cause of this continued confusion over form contracts is due to a basic failure of courts to adhere to fundamental principle of contract law, that a contract is interpreted according to the objective understanding of the parties. If courts would acknowledge that the reasonable drafters of form contracts do not expect the consumer to have read the multiple pages of a form contract, then courts would conclude a reasonable drafter would not understan.
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Over the past three decades, carsharing has grown from a collection of local grassroots organizations into a worldwide industry. Traditional carsharing, though expanding, has a limited network of vehicles and locations. The next generation of shared-use vehicle services could overcome such expansion barriers as capital costs and land use by incorporating new concepts like personal vehicle sharing. Personal vehicle sharing provides short-term access to privately-owned vehicles. As of May 2012, there were 33 personal vehicle sharing operators worldwide, with 10 active or in pilot phase, three planned, and four defunct in North America. Due to operator non-disclosure, personal vehicle sharing member numbers are currently unknown. The authors investigated personal vehicle sharing in North America by conducting 34 expert interviews. This research explores the development of personal vehicle sharing including business models, market opportunities, and service barriers to assess its early viability as a sustainable transportation mode and to provide a foundation for future research on the topic. Personal vehicle sharing has the potential to impact the transportation sector by increasing the availability and interconnectivity among modes and providing greater alternatives to vehicle ownership in more geographic locations.
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