Description: Boilerplate The Foundation of Market Contracts This book explores the boilerplate, or the fine print of mass-distributed contracts: what it says, who writes it, and who reads it. Omri Ben-Shahar (Edited by) 9780521859189, Cambridge University Press Hardback, published 21 May 2007 256 pages 24.2 x 16.2 x 2 cm, 0.542 kg 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. Foreword Omri Ben-Shahar Part I. Why is Boilerplate One-Sided?: 1. One-sided contracts in competitive consumer markets Richard Posner and Lucian Bebchuk 2. Cooperative negotiations in the shadow of boilerplate Jason S. Johnston 3. Boilerplate and economic power in auto manufacturing contracts Omri Ben-Shahar and James J. White 4. 'Unfair' dispute resolution clauses: much ado about nothing? Florencia Marotta-Wurgler 5. The unconventional uses of transactions costs David Gilo and Ariel Porat Part II. Should Boilerplate be Regulated? 6. Online boilerplate: would mandatory website disclosure of e-standard terms backfire? Robert Hillman 7. Pre-approved boilerplate Clayton Gillette 8. 'Contracting' for credit Ronald J. Mann 9. The role of non profits in the production of boilerplate Kevin E. Davis 10. The boilerplate paradox Douglas G. Baird Part III. Interpretation of Boilerplate: 11. Contract as Statute Stephen J. Choi and Mitu Gulati 12. Modularity in contracts: boilerplate and information flow Henry E. Smith 13. Contra Preferendum: the allure of ambiguous boilerplate Michelle E. Boardman Part IV. Commentary 14. Boilerplate today: the rise of modularity and the waning of consent Margaret Jane Radin 15. The law and sociology of boilerplate Todd J. Rakoff. Subject Areas: Contract law [LNCJ], Jurisprudence & philosophy of law [LAB]
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BIC Subject Area 1: Contract law [LNCJ]
BIC Subject Area 2: Jurisprudence & philosophy of law [LAB]
Number of Pages: 256 Pages
Publication Name: Boilerplate: the Foundation of Market Contracts
Language: English
Publisher: Cambridge University Press
Item Height: 242 mm
Subject: Law
Publication Year: 2007
Type: Textbook
Item Weight: 542 g
Subject Area: Commercial Law
Author: Omri Ben-Shahar
Item Width: 162 mm
Format: Hardcover
