Bibliographic Details

Boilerplate : the foundation of market contracts / edited by Omri Ben-Shahar.

Imprint Cambridge ; New York : Cambridge University Press, 2007.
Description 1 online resource (xviii, 237 pages)
Language English
Subject Standardized terms of contract.
LAW -- Liability.
LAW -- Contracts.
Standardized terms of contract.
Electronic books.
Format E-Resource, Book
URL for this record
Other authors / contributors Ben-Shahar, Omri.
ISBN 9780511286780
Notes Includes bibliographical references (pages 211-232) and index.
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.
Other form Print version: Boilerplate. Cambridge ; New York : Cambridge University Press, 2007 9780521859189 0521859182