The Right to Withdraw in Contract Law
本文通过模型分析消费者撤回权的经济基础,权衡消费者试用商品与保护卖方免受商品折旧的利弊,认为撤回权作为默认规则具有经济合理性。
European law gives consumers the right to withdraw from a range of contracts for goods and services; American law, with narrow exceptions, does not. Yet merchants in the United States frequently provide by contract that consumers have the right to return goods. We analyze the right to withdraw in a model that incorporates a trade-off between allowing consumers to learn about goods that they purchase and protecting sellers from the depreciation of those goods. The right to withdraw—at least, as a default rule—has a plausible economic basis. We identify a nascent version of it in the well-known, controversial case of ProCD v. Zeidenberg.