Private Law Theory

“Andrew Gold is a Professor of Law at the DePaul University College of Law. Margaret Jane Radin’s new book, Boilerplate, is an outstanding contribution to the literature on contract theory and policy. In this review, I will focus on her analysis of consent, and in particular what it means to have consent for purposes of contract theory. For the most part, my concern will be conceptual, and not normative. This conceptual focus has normative implications, however. Radin argues that tort law is an appropriate means to regulate mass market boilerplate, in part because she believes that boilerplate is not properly conceptualized in contract terms …” (more)

[ContractsProf Blog, 14 May]

First posted 2013-05-15 07:10:38