User Experience and Law
We engage in contractual relationships through digital interfaces to a growing extent. Worded contracts are are on their way out, making…
User Experience and Law
We engage in contractual relationships through digital interfaces to a growing extent. Worded contracts are are on their way out, making room for a more engaging, intuition-based experience around the negotiation of terms and the conclusion of contracts.
Contract law, on the other hand, relies on a rather reductionist, formalistic view of contract in order to function well. The ability to nudge consumers into one decision or another is hard to quantify with the toolkit of legislation and legal interpretation.
Digital human interface design increasingly relies on an emotional communication channel to confer meaning to human actions. Although businesses incorporate general terms and conditions in their consumer contracts as a fallback mechanism, they shape their contractual relationships with consumers primarily through software with sophisticated user interfaces and realtime-enabled communication.
Implicit Contracts
Contracts are negotiated in an implicit manner. The most direct form of communication being textual questions. Such a strategy is only used when legally required to do so, e.g. 312gBGB->EURL
Factum Law and the Law of Obligations
Consent
How to get consent from users in a digital interface
Form Requirements
Where does that leave legal provisions regarding the formal requirements pertaining to certain types of contracts
Exported from Medium on January 3, 2025.