Boilerplate : the foundation of market contracts / edited by Omri Ben-Shahar.
2007
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Details
Title
Boilerplate : the foundation of market contracts / edited by Omri Ben-Shahar.
Added Author
Imprint
Cambridge : Cambridge University Press, 2007.
Description
1 online resource (xviii, 237 pages) : digital, PDF file(s)
Formatted Contents Note
One-sided contracts in competitive consumer markets / Lucian A. Bebchuk and Richard A. Posner
Cooperative negotiations in the shadow of boilerplate / Jason S. Johnston
Boilerplate and economic power in auto manufacturing contracts / Omri Ben-Shahar and James J. White
"Unfair" dispute resolution clauses : much ado about nothing? / Florencia Marotta-Wurgler
The unconventional uses of transactions costs / David Gilo and Ariel Porat / Online boilerplate : would mandatory website disclosure of e-standard terms backfire? / Robert A. Hillman
Pre-approved boilerplate / Clayton P. Gillette
"Contracting" for credit / Ronald J. Mann
The role of nonprofits in the production of boilerplate / Kevin E. Davis
The boilerplate paradox / Douglas G. Baird
Contract as statute / Stephen J. Choi and G. Mitu Gulati
Modularity in contracts : boilerplate and information flow / Henry E. Smith
Contra proferentum : the allure of ambiguous boilerplate / Michelle E. Boardman
Boilerplate today : the rise of modularity and the waning of consent / Margaret Jane Radin
The law and sociology of boilerplate / Todd J. Rakoff.
Cooperative negotiations in the shadow of boilerplate / Jason S. Johnston
Boilerplate and economic power in auto manufacturing contracts / Omri Ben-Shahar and James J. White
"Unfair" dispute resolution clauses : much ado about nothing? / Florencia Marotta-Wurgler
The unconventional uses of transactions costs / David Gilo and Ariel Porat / Online boilerplate : would mandatory website disclosure of e-standard terms backfire? / Robert A. Hillman
Pre-approved boilerplate / Clayton P. Gillette
"Contracting" for credit / Ronald J. Mann
The role of nonprofits in the production of boilerplate / Kevin E. Davis
The boilerplate paradox / Douglas G. Baird
Contract as statute / Stephen J. Choi and G. Mitu Gulati
Modularity in contracts : boilerplate and information flow / Henry E. Smith
Contra proferentum : the allure of ambiguous boilerplate / Michelle E. Boardman
Boilerplate today : the rise of modularity and the waning of consent / Margaret Jane Radin
The law and sociology of boilerplate / Todd J. Rakoff.
Summary
Boilerplate, the fine print of standard contracts, is more prevalent than ever in commercial trade and in electronic commerce. But what is in it, beyond legal technicalities? Why is it so hard to read and why is it often so one-sided? Who writes it, who reads it, and what effect does it have? The studies in this volume question whether boilerplate is true contract. Does it resemble a statute? Is it a species of property? Should we think of it as a feature of the product we buy? Does competition improve boilerplate? Looking at the empirical reality in which various boilerplates operate, leading private law experts reveal subtle and previously unrecognized ways in which boilerplate clauses encourage information flow, but also reduce it; how new boilerplate terms are produced, and how innovation in boilerplate is stifled; how negotiation happens in the shadow of boilerplate, and how it is subdued. They offer a new explanation as to why boilerplate is often so one-sided. With emphasis on empiricism and economic thinking, this volume provides a more nuanced understanding of the 'DNA' of market contracts, the boilerplate terms.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
Location
WWW
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Core.
Language
English
ISBN
9780511611179 ebook
9780521859189 (hardback)
9780521676380 (paperback)
9780521859189 (hardback)
9780521676380 (paperback)
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