Constructive Notice – What Must We Do?

Constructive Notice: What must we do?

Tuesday 4J Convener: Joaquin Miller

Notes-taker(s): Joaquin Miller

Tags for the session - technology discussed/ideas considered:

#constructive notice

Discussion notes, key understandings, outstanding questions, observations, and, if appropriate to this discussion: action items, next steps:

An example of constructive notice: You load a web page, at the bottom of that page, not visible in your browser, is a link, “Terms and Conditions.” You have been given constructive notice of those terms and conditions. Why? Because you could have scrolled down and seen the link.

The question for discussion: How can a person give constructive notice to a vendor of that person’s conditions for continued use of a facility provided by that vendor over the internet?

 No one came.

 At dinner, convener learned from Joyce Searles, Mary Hodder, and Doc Searles that folks working on VRM have this question on their agenda.

 Key fact: The doctrine of constructive notice is distinct from the contract type, contract of adhesion.

          https://www.law.cornell.edu/wex/constructive_notice

          https://www.law.cornell.edu/wex/adhesion_contract_contract_of_adhesion