Boilerplate Symposium I: Peter Alces on Consent

“This is the first in a series of posts reviewing Margaret Radin’s Consent in Radin’s Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law. Peter A Alces, Rollins Professor of Law and Cabell Research Professor of Law, The College of William & Mary School of Law: ‘In this fine book, Margaret Jane Radin concludes that “consent” lacks a reality referent in contract. That is, somewhere between what she describes as “World A (Agreement),” the universe of enforceable promises negotiated “at arms’ length” by parties of similar relative sophistication, and “World B (Boilerplate),” where standard and oppressive terms effect normative and democratic degradation, consent is lost. This conclusion is not shocking; it is difficult to think of anyone (probably including even Randy Barnett) who honestly believes that real consent has very much to do with most (even virtually all) contracting these days …'” (more)

[ContractsProf Blog, 13 May]

First posted 2013-05-14 07:40:51

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