| Abstract: |
The rapid expansion of digital commerce and platform-based economies has fundamentally transformed the nature of contractual relationships between businesses and consumers. In this evolving landscape, unfair contract terms have emerged as a critical concern, challenging traditional frameworks that were designed to balance freedom of contract with consumer protection. This review research paper conducts a meta-analysis of existing scholarly literature and empirical studies to examine the prevalence, forms, and regulatory responses to unfair contract terms in digital commerce environments. Drawing on studies published between 2005 and 2024, this paper critically evaluates how standard form contracts, click-wrap agreements, and terms-of-service documents deployed by digital platforms systematically disadvantage consumers through asymmetric information, limited bargaining power, and exploitative clauses. The paper surveys legal frameworks across major jurisdictions including the European Union, United States, United Kingdom, India, and Australia, assessing their effectiveness in curbing unfair contractual practices in the platform economy. Through critical synthesis of prior research, the study identifies persistent gaps in enforcement, definitional ambiguities around fairness, and the inadequacy of disclosure-based consumer protection models in high-volume digital transactions. |
