A Non-Binary Approach to Platform-to-Business Transactions

Social media is a dis­rup­tive tech­nol­o­gy that has chal­lenged fun­da­men­tal dis­tinc­tions in con­tract law, as social media con­tracts don’t ade­quate­ly reflect com­plex rela­tion­ships between plat­forms, busi­ness­es, and con­sumers, among oth­ers. Con­tract law has the poten­tial for greater sen­si­tiv­i­ty to con­tract clas­si­fi­ca­tions because dif­fer­ent types of con­trac­tu­al rela­tions invoke dif­fer­ent val­ues and trade-offs. Courts can bet­ter posit them in the spec­trum between busi­ness and con­sumer con­tracts, while secur­ing busi­ness users‹ unique interests