Hence my analogy to a winter coat. During summer in many parts of the world, one does not need clothing as protection against the elements. As the most obvious example, people at a nudist beach survive the entire day without clothing.
It's only when the weather is bad where one needs clothing as protection.
Under this analogy, are business conditions in the US so bad that online stores need "clothing", in the form of special TOS which waive certain consumer protections otherwise available to customers of physical or mail-order stores?
If so, why haven't these considerations become these become part of the law? Otherwise it represents a barrier to entry, since every new online business must remember to set up those TOS correctly. The linked-to article shows that doing so is hard enough that a large, highly successful company makes mistakes. Why not just incorporate the needed changes as part of the UCC and not worry about it?
It's only when the weather is bad where one needs clothing as protection.
Under this analogy, are business conditions in the US so bad that online stores need "clothing", in the form of special TOS which waive certain consumer protections otherwise available to customers of physical or mail-order stores?
If so, why haven't these considerations become these become part of the law? Otherwise it represents a barrier to entry, since every new online business must remember to set up those TOS correctly. The linked-to article shows that doing so is hard enough that a large, highly successful company makes mistakes. Why not just incorporate the needed changes as part of the UCC and not worry about it?