In commercial contracts, most people focus on the legal substance — terms, conditions, liabilities. But how that content is presented can influence whether someone reads, questions, or even realizes what they’ve agreed to. A commercial contract lawyer will often review documents that are legally sound but designed in a way that quietly encourages acceptance without true understanding.
These tactics, known in some circles as “dark patterns,” borrow from marketing and behavioral psychology. Their use in contracts — especially digital ones — is becoming more common, and they raise serious questions about fairness, transparency, and enforceability.
This blog is thanks to our friends at Volpe Law LLC.
What Dark Patterns Look Like In Agreements
Dark patterns in contracts can take many forms. Sometimes it’s a matter of font size or placement. Key clauses — such as auto-renewals, arbitration agreements, or waivers — might be buried in dense paragraphs or footnotes. In online settings, it might be a button that says “Agree” more prominently than a “Decline” option, or requiring users to scroll through pages of terms just to complete a basic transaction.
While the substance of the contract may be legally valid, these design choices can limit a person’s ability to make an informed decision. That’s where the question shifts from “Is it enforceable?” to “Was there real consent?” This can be difficult to prove either way, but with these tactics becoming more common, it is becoming a larger issue in the legal field.
Consent And Presentation Go Hand In Hand
Courts have traditionally held that individuals are responsible for reading what they sign. However, recent cases have shown a willingness to reconsider that standard when the design of a contract — or the way it’s presented — intentionally downplays important terms as a platform that awards lawyers can attest.
Design can influence behavior. If an arbitration clause is in the middle of a long, uninterrupted paragraph in 8-point font, there’s a strong chance the average person won’t notice it. If acceptance is required to access a service, and there’s no reasonable opportunity to opt out of specific terms, that also raises red flags. Many people often sign contracts without fully reading them or having a lawyer review them.
In short, the method of presenting a contract matters just as much as the content. Courts are beginning to scrutinize how businesses present terms to determine if there was meaningful agreement.
The Line Between Efficiency And Manipulation
There’s a difference between streamlining a contract and structuring it in a way that limits comprehension. Many businesses want contracts that are fast to sign and easy to implement. That makes sense. But efficiency should not come at the expense of transparency.
A clean, readable contract is not only easier for both parties but also reduces disputes later. When people know what they’re agreeing to, trust increases, and the risk of conflict goes down. Hiding terms behind design tricks might reduce friction in the short term, but it often leads to legal challenges that can cost far more than the time saved.
Why Contract Clarity Matters In Business
For companies drafting recurring service agreements, licenses, or SaaS terms, it’s worth reviewing not only what the contract says but how it says it. Visual layout, formatting, and even button placement in digital contracts can influence whether a term is truly understood — and legally enforceable.
Attorneys can attest that a well-designed agreement, both in form and function, is more likely to stand up in court and maintain solid client relationships.
If your business relies on contracts, especially in digital environments, consider reviewing how those documents are structured — not just what they say. Clear contracts make for stronger partnerships. Or, if you are getting ready to sign an agreement, it is in your best interest to have a lawyer review it.
Need help reviewing or drafting your agreements? Talk to the team at Volpe Law LLC to create contracts that are both effective and fair.