White Paper

9 Pages
  • 9 Pages

Contractual Provisions Found in Non-Contractual Places


Don’t lose the right to invoke the duty to read.

Businesses often conduct their trades by including contractual provisions in places that don’t appear to be contractual in nature, or that have only a limited contractual nature. Each of these contractual provisions is found in a place that is not ordinarily thought of as a contract: the sign outside the Jeopardy soundstage; the information brochure accompanying a smartphone that includes a mandatory arbitration clause; a dry-cleaning ticket with a limitation of liability printed on the back; an online retailer’s order page with a hyperlink to its terms of use. This white paper discusses what happens when a legal dispute arises between the parties and where the duty to read fits in when a provision is contained in a non-contractual place.



Timothy Murray

Timothy Murray

Murray, Hogue & Lannis

  • Partner in the law firm Murray, Hogue & Lannis, Pittsburgh, PA
  • Practice emphasizes contract law
  • Conducts regular seminars on the law of contracts
  • Author volume 1 of Corbin on Contracts (revised edition, 2018), Co-author of Corbin on Contracts Desk Edition and the biannual supplements to Corbin on Contracts
  • Member of the Pennsylvania Bar
  • J.D. degree, University of Pittsburgh
  • Can be contacted at [email protected]

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