Becher, Shmuel I. & Benoliel, Uri (2021)
This article develops the notion of 'dark contracts'. The first part explains the concept, and documents multiple non-transparent contractual mechanisms and instruments that consumer contracts often incorporate. It delineates how firms design and employ non-transparent tools in almost every possible contractual juncture: from the nature, scope, and language to performance and change to dispute resolution, conflict management, and termination. The article also examines the far-reaching implications of dark contracts and the ways in which they affect not just consumers, but also regulators, market forces, and societies at large. Lastly, it considers the transparency approach and the pros and cons of their application in consumer contracts.











































