Standard form contracts and contract schemas: a preliminary investigation of the effects of exculpatory clauses on consumers' propensity to sue.
This study investigated the extent to which exculpatory clauses deter consumers from pursuing their legal rights. Undergraduate participants (N = 101) were presented with two written vignettes and asked to imagine themselves as a consumer harmed by a contracted for service. Participants then read a contract and responded to questions assessing their likelihood of seeking compensation and their perceptions of the contract. The presence of exculpatory clauses, the severity of the harm, and the nature of the harm were varied. The data suggest that exculpatory clauses, if read, have a deterrent effect on propensity to seek compensation. Development of a psychological definition of contract schemas and implications for legal policy are discussed.
Stolle
D P
DP
University of Nebraska-Lincoln 68588-0308, USA. dstolle@unlgrad1.unl.edu
Slain
A J
AJ
D000328:Adult; D000704:Analysis of Variance; D003284:Contract Services / Q000331:legislation & jurisprudence*; D003657:Decision Making; D005163:Factor Analysis, Statistical; D005260:Female; D006801:Humans; D016365:Liability, Legal; D008297:Male; D017008:Negotiating; D010565:Persuasive Communication; D014481:United States