Skip to content
Register Sign in Wishlist

Boilerplate
The Foundation of Market Contracts

£30.99

Omri Ben-Shahar, Richard Posner, Lucian Bebchuk, Jason S. Johnston, James J. White, Florencia Marotta-Wurgler, David Gilo, Ariel Porat, Robert Hillman, Clayton Gillette, Ronald J. Mann, Kevin E. Davis, Douglas G. Baird, Stephen J. Choi, Mitu Gulati, Henry E. Smith, Michelle E. Boardman, Margaret Jane Radin, Todd J. Rakoff
View all contributors
  • Date Published: July 2007
  • availability: In stock
  • format: Paperback
  • isbn: 9780521676380

£ 30.99
Paperback

Add to cart Add to wishlist

Other available formats:
Hardback, eBook


Looking for an inspection copy?

This title is not currently available on inspection

Description
Product filter button
Description
Contents
Resources
Courses
About the Authors
  • 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.

    Customer reviews

    Not yet reviewed

    Be the first to review

    Review was not posted due to profanity

    ×

    , create a review

    (If you're not , sign out)

    Please enter the right captcha value
    Please enter a star rating.
    Your review must be a minimum of 12 words.

    How do you rate this item?

    ×

    Product details

    • Date Published: July 2007
    • format: Paperback
    • isbn: 9780521676380
    • length: 256 pages
    • dimensions: 235 x 156 x 15 mm
    • weight: 0.422kg
    • contains: 3 tables
    • availability: In stock
  • Table of Contents

    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.

  • Editor

    Omri Ben-Shahar, University of Michigan, Ann Arbor
    Omri Ben-Shahar joined the Michigan Law School faculty in 1999. He founded and has been named director of the Olin Center for Law and Economics at Michigan. He previously taught as a professor of law and economics at Tel-Aviv University and was a research fellow at the Israel Democracy Institute. Dr Ben-Shahar teaches courses in Contracts, Electronic Commerce, Intellectual Property, and Economic Analysis of Law. He holds a B.A. in economics and LL.B. from Hebrew University, and an LL.M., S.J.D., and Ph.D. in economics from Harvard. He is the Chair Elect of the Contracts Section of the American Association of Law Schools, and a board member of the American Law and Economics Association. Dr. Ben-Shahar writes in the fields of contract law and products liability. His work has been published in many journals, including the Yale Law Journal, University of Chicago Law Review, University of Pennsylvania Law Review, Journal of Law and the American Law and Economics Review.

    Contributors

    Omri Ben-Shahar, Richard Posner, Lucian Bebchuk, Jason S. Johnston, James J. White, Florencia Marotta-Wurgler, David Gilo, Ariel Porat, Robert Hillman, Clayton Gillette, Ronald J. Mann, Kevin E. Davis, Douglas G. Baird, Stephen J. Choi, Mitu Gulati, Henry E. Smith, Michelle E. Boardman, Margaret Jane Radin, Todd J. Rakoff

Sign In

Please sign in to access your account

Cancel

Not already registered? Create an account now. ×

Sorry, this resource is locked

Please register or sign in to request access. If you are having problems accessing these resources please email lecturers@cambridge.org

Register Sign in
Please note that this file is password protected. You will be asked to input your password on the next screen.

» Proceed

You are now leaving the Cambridge University Press website. Your eBook purchase and download will be completed by our partner www.ebooks.com. Please see the permission section of the www.ebooks.com catalogue page for details of the print & copy limits on our eBooks.

Continue ×

Continue ×

Continue ×

Find content that relates to you

Join us online

This site uses cookies to improve your experience. Read more Close

Are you sure you want to delete your account?

This cannot be undone.

Cancel

Thank you for your feedback which will help us improve our service.

If you requested a response, we will make sure to get back to you shortly.

×
Please fill in the required fields in your feedback submission.
×