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The Business, Entrepreneurship & Tax Law Review

Authors

Royi Ashkenazi

Abstract

Standard form contracts bear a consistent curse: consumers do not read them. While AI-powered tools like ChatGPT are now capable of parsing and interpreting such complicated contracts efficiently, the mere existence of these technological capabilities does little to solve the core “no-reading problem”—consumers must actually adopt and use AI for this purpose. This paper proposes a novel regulatory regime that could fundamentally alter consumers’ approach to SFCs through two mandatory requirements: first, that sellers embed in their contracts direct hyperlinks or QR codes connecting to certified AI systems with pre-prepared prompts; second, that all SFCs contain a prominent clause explicitly informing consumers about the availability of AI for contract review. This approach shifts policy emphasis from traditional mechanisms like simplification mandates or disclosure requirements toward AI-assisted contracting. The article addresses critical implementation challenges, including the certification of AI systems, allocation of liability for AI-generated errors, and prevention of discrimination between AI users and non-users. These duties, although not a panacea for contractual inequality, are relatively painless yet potentially very powerful means of enhancing consumer empowerment and knowledge without unduly burdensome costs to businesses. Such a proposal bridges the gap between AI capability and actual consumer behavior, offering one realistic route to updating contract law for the digital age.

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