I hate to talk like a law student but that’s sort of the system we already have. When a person certifies that they have read a contract (such as terms and conditions), it does actually mean something. No one would want to do business if anyone could be released from a contract just because they were lying about whether they agreed to be bound by it.
You might be able to think of it like the safety presentation that happens before takeoff on every commercial flight in the US. If you look around at that time, very few people are ever paying attention to the video or flight attendant. Why is that, if everyone is supposed to be concerned about their own safety? Maybe they think this presentation will be the same as all the others, so they can safely ignore it. Does that make it the airline’s fault if a person doesn’t know where the emergency exits are when something does happen? No, the typical intuition - and a relatively necessary assumption on the airline’s part - is that each person is responsible for knowing the information given to them in that presentation.
Similarly, it does not necessarily change much if a person has to check off multiple boxes instead of just one, or if they have to wait a few minutes before they can sign off, etc. People will tune out whatever they want to tune out, but we can’t have a workable system if that’s what absolves them of responsibility.
--That being said, US contract law does take this to some extremes that should be carved out as unacceptable exceptions to the rule. The case of Carnival Cruise Lines, Inc. v. Shute comes to mind where passengers were bound by terms printed on the back of a cruise ticket that they only received after they already paid for it.
The flight thing isn’t about the passengers paying attention, it’s about the airline being required to make the information available in a clear and concise way. They aren’t required to provide interpreters for blind and deaf passengers, the aircraft is structured to make deboarding easy and safe. It’s assumed that enough of the passengers will get the gist of it that in the event of an emergency enough people do the right thing that the rest will follow.
I hate to talk like a law student but that’s sort of the system we already have. When a person certifies that they have read a contract (such as terms and conditions), it does actually mean something. No one would want to do business if anyone could be released from a contract just because they were lying about whether they agreed to be bound by it.
You might be able to think of it like the safety presentation that happens before takeoff on every commercial flight in the US. If you look around at that time, very few people are ever paying attention to the video or flight attendant. Why is that, if everyone is supposed to be concerned about their own safety? Maybe they think this presentation will be the same as all the others, so they can safely ignore it. Does that make it the airline’s fault if a person doesn’t know where the emergency exits are when something does happen? No, the typical intuition - and a relatively necessary assumption on the airline’s part - is that each person is responsible for knowing the information given to them in that presentation.
Similarly, it does not necessarily change much if a person has to check off multiple boxes instead of just one, or if they have to wait a few minutes before they can sign off, etc. People will tune out whatever they want to tune out, but we can’t have a workable system if that’s what absolves them of responsibility.
--That being said, US contract law does take this to some extremes that should be carved out as unacceptable exceptions to the rule. The case of Carnival Cruise Lines, Inc. v. Shute comes to mind where passengers were bound by terms printed on the back of a cruise ticket that they only received after they already paid for it.
The flight thing isn’t about the passengers paying attention, it’s about the airline being required to make the information available in a clear and concise way. They aren’t required to provide interpreters for blind and deaf passengers, the aircraft is structured to make deboarding easy and safe. It’s assumed that enough of the passengers will get the gist of it that in the event of an emergency enough people do the right thing that the rest will follow.