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Author: Margaret Jane Radin Publisher: Princeton University Press ISBN: 0691163359 Category : Law Languages : en Pages : 358
Book Description
Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
Author: Brian Bix Publisher: Cambridge University Press ISBN: 0521850460 Category : Law Languages : en Pages : 217
Book Description
This book offers an accessible introduction to American contract law, useful to both first-year law students and advanced contract scholars.
Author: Michael Philip Furmston Publisher: ISBN: 9781405712415 Category : Contracts Languages : en Pages : 1842
Book Description
Now in its Third edition, The Law of Contract provides a comprehensive and authoritative treatment of all aspects of the law of contract, it differs to other texts on the topic by offering a fresh, new approach to the area. The book also provides an analysis of current issues and highlights possible future developments in the law.
Author: Omri Ben-Shahar Publisher: ISBN: 9780511797866 Category : Breach of contract Languages : en Pages : 338
Book Description
Representing an unprecedented effort from top scholars, this volume collects original contributions to examine the fundamental role of 'fault' in contract law.
Author: Daniel Bussel Publisher: Foundation Press ISBN: 9781647084813 Category : Languages : en Pages : 0
Book Description
The 2023 Tenth Edition of Contract Law and Its Application introduces first year law students to common law reasoning, legal interpretation, lawyering, and legal institutions, through basic American contract law. The Contracts canon is presented in relatively brief free-standing units that may be sequenced as the instructor prefers. The Casebook focuses on contract interpretation as a primary means to resolve a wide range of doctrinal and practical contract problems. The Tenth Edition's core remains the full traditional canon of American contract law: the classic common law cases, UCC Article 2 (Sales) and the Restatement, Second, Contracts, in each case with updated and current questions and notes emphasizing the application of that doctrine in the 21st century. New additions to the materials integrate the new Restatement of Consumer Contracts (Tent. Dft. #2) and Restatement, Third, Restitution. The Tenth Edition also provides updated treatment of arbitration reflecting new developments over the availability of collective relief under arbitration agreements (Viking River Cruises). In addition, the Tenth Edition includes new cases and notes on controversial topics such as: enforceability of non-disparagement and non-disclosure covenants in employment contracts and settlement agreements (Denson v. Donald J. Trump for President); "pay-now, terms-later" contracts of adhesion; gestational surrogacy agreements; force majeure and other pandemic-related excuse doctrines; the recoverability of non-economic damages in contract; disgorgement remedies; extensions and limitations of liability to third-party beneficiaries; litigation finance agreements. The Tenth Edition's Appendices provide easy reference to all relevant sections of the Restatement, Second, Contracts, and UCC, obviating students' need to purchase a statutory supplement. As with prior editions, the Tenth Edition includes comparative law materials, indicating alternative approaches to common problems in other common law systems as well as legal systems with disparate legal traditions in Europe, Latin America and Asia.
Author: Warren Swain Publisher: ISBN: 9781316255148 Category : Contracts Languages : en Pages : 331
Book Description
"This book is concerned with the history of contract law over a two hundred year period stretching between 1670 and 1870. Inevitably it is also about how the Common law and Equity develops and evolves during that time"--
Author: Steven J. Burton Publisher: West Academic Publishing ISBN: 9780314274267 Category : Contracts Languages : en Pages : 0
Book Description
This best-selling supplement contains materials that can be used with any contracts casebook. This edition has received a significant makeover while retaining the basic, popular features. Most notably, it now includes short annotations that introduce each selection. These annotations put each selection in context by explaining its origins, central purpose(s), scope of application, and current legal status. Students will better understand the selection's point, purpose, and content; and teachers will have less need to explain an assigned selection's context. In addition, the authors have thoroughly updated the content. It includes excerpts from the brand new Restatement (Third) of Restitution and Unjust Enrichment, reference to the 2010 amendments to relevant parts of UCC, Article 9, and the 2010 amended version of the Bankruptcy Act, 24 (on subsequent promises to pay debts discharged in bankruptcy). The Tables of Comparisons, which identify counterpart provisions of the UCC, CISG, UNIDROIT Principles, and Restatement (Second) of Contracts, has been updated by replacing citations to the prior version of UCC, Article 1 with citations to the revised version; forty states now have enacted the latter.
Author: Catherine Mitchell
Author: Catherine Mitchell
Author: Margaret Jane Radin
Author: Margaret Jane Radin
Author: Peter Benson
Author: Brian Bix
Author: Michael Philip Furmston
Author: Omri Ben-Shahar
Author: Daniel Bussel
Author: Warren Swain
Author: Steven J. Burton