Keren on Takhshid’s Assumption of Risk in Consumer Contracts

Over at Jotwell, Hila Keren has reviewed Zahra Takhshid’s article, Assumption of Risk in Consumer Contracts and the Distraction of Unconscionability, 42 Cardozo L. Rev. ___ (forthcoming, 2021).  I recommend reading it and so won’t review the review, but I will note that the focus on exculpatory clauses should make this a particularly relevant and timely article. Keren also does what good reviewers should do – she situates the article within the existing body of legal scholarship more generally, finding that it “belongs with the law and economy project as it illuminates how contracts’ enforcement is far from neutral and instead facilitates rising inequality.”