Boilerplate: The Foundation of Market Contracts

ISBN-13: 9780521859189 / Angielski / Twarda / 2007 / 256 str.

Omri Ben-Shahar

Opis

This book is about the fine print in contracts: the terms that individuals sign without reading when they click I agree or buy a plane ticket or engage in any common market transaction. The book explores the relation between this phenomenon and the ideal of consensual contracts. It identifies problems that the unreadable language creates and how this affects the welfare of individuals. It reveals what it is that we truly agree to when we accept these mass-distributed contracts. And it explains how business uses these contracts to gain advantages, but also, in a variety of subtle ways, to improve competition."

Spis treści

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.