Re: Consideration in a Shrinkwrap Contract

"Prof. Steven D. Jamar" writes:

: Surely the suggestion is not that common law contr
: act rules cannot be changed without
: implicating the Due Process clause?

You are right that that is not the suggestion. We are talking about executed sales, not about contract rights. The purchased goods belong to the purchaser and a statute purporting to take one person's property, or an interest therein, and giving it to another is a classic example of a violation of the due process clause. And it might even violate the contracts clause, a la Fletcher v. Peck.

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Peter D. Junger--Case Western Reserve University Law School--Cleveland, OH
 EMAIL: junger@samsara.law.cwru.edu    URL:  http://samsara.law.cwru.edu   
        NOTE: junger[_at_]pdj2-ra.f-remote.cwru.edu no longer exists