eTextbook: Boilerplate

Book Jacket Image

List Price 1: $35.00

eTextbook Purchase: $28.00

You save $7.00

Are you a school looking to buy multiple copies of this book?

  • Free Book Promotion

    For a limited time, this book is eligible for free.

    Click here to redeem the Facebook Offer

    Author(s): Radin, Margaret Jane

    ISBN 10: 069115533X. See all ISBN's

    ISBN 13: 9780691155333

    Edition:

    Publisher: Princeton University Press

    This is an eTextbook Learn More

    Description:

    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.

    All ISBN's for this title:

    ISBN 10: 069115533X, ISBN 13: 9780691155333, eISBN 10: 1400844835, eISBN 13: 9781400844838

    1. List price can refer to either the digital or print list price, whichever is available to Kno.
  • Cool Product Features

    Kno In Action

    Search

    Journal

    Flashcards

    Kno Me

    Smart Links