Boilerplate : the fine print, vanishing rights, and the rule of law /

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Bibliographic Details
Author / Creator:Radin, Margaret Jane.
Imprint:Princeton, N.J. : Princeton University Press, ©2013.
Description:1 online resource (xvii, 339 pages) : illustrations
Subject:Standardized terms of contract -- United States.
LAW -- Administrative Law & Regulatory Practice.
LAW -- Contracts.
Standardized terms of contract.
United States.
Electronic books.
Electronic books.
Format: E-Resource Book
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Notes:Includes bibliographical references (pages 249-311) and index.
Print version record.
Summary: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.
Other form:Print version: Radin, Margaret Jane. Boilerplate. Princeton, N.J. : Princeton University Press, ©2013 9780691155333
Table of Contents:
  • An overview of worlds A and B
  • Normative degradation : deleting rights without consent in the name of contract
  • Democratic degradation : replacing the law of the state with the "law" of the firm
  • A summary of the philosophy of contract : the theories of world a
  • Can autonomy theory (agreement, consent) justify boilerplate deletion of rights?
  • Can utilitarian-welfare (economic) theory justify boilerplate deletion of rights?
  • Evaluating current judicial oversight
  • Can current oversight be improved?
  • Improving evaluation of boilerplate : a proposed analytical framework
  • "Private" reform ideas : possible market solutions
  • Reconceptualizing (some) boilerplate under tort law
  • "Public" and hybrid regulatory solutions
  • Afterword: what's next for boilerplate?