TY - JOUR AU - Brunon-Ernst, Anne PY - 2015/11/15 Y2 - 2024/03/29 TI - The Fallacy of Informed Consent: Linguistic Markers of Assent and Contractual Design in Some E-User Agreements JF - Alicante Journal of English Studies / Revista Alicantina de Estudios Ingleses JA - RAEI VL - IS - 28 SE - Articles DO - 10.14198/raei.2015.28.03 UR - https://raei.ua.es/article/view/2015-n28-the-fallacy-of-informed-consent-linguistic-markers-of-a SP - 37-58 AB - Orthodox contract law theory assumes that parties agree to the terms of a contract before entering into an agreement. However, recent factual evidence points towards the fact that consumers do not systematically read, and thus become informed of, the terms of a contract. Academics are asking for mandatory frameworks to ensure that informed consent is indeed sought and given by parties to a contract. The present study looks into the user agreements of four online companies that provide a marketplace for the sale of goods or free provision of services by other sellers and/or users (Ebay, Tripadvisor, YouTube and Amazon). The aim is firstly to identify the lexical/textual markers and peri-textual features of agreement in order to highlight the fallacy of informed consent. Secondly, the paper lists textual and peri-textual alternative contractual design (here called counter-design) in online user agreement. In so doing, contractual design features are distinguished from nudges. Suggested counter-design features help make informed consent effective. ER -