“Contract As Disclosure II (Or Why I Keep Signing That Same Stupid Liability Waiver). As I stated in my last post, I want to use the example of the travel company liability waiver at left to illustrate the boilerplate phenomenon. And here is where my analysis would differ from Peggy’s, perhaps in important ways. She argues, for example, that many consumers cannot understand the complicated legalese in boilerplate. That may be true with some boilerplate, but these terms are quite simple. Plus, in my experience, the consumers of this kind of adventure travel tend to be fairly sophisticated in terms of their ability to read and understand the kind of document I’ve posted above. Certainly many if not all of these purchasers can understand that the tour company is saying that it is not responsible even if you die through the negligence of its employees. Peggy also argues that many consumers do not bother to read the boilerplate …” (more)
[ContractsProf Blog, 22 May]
First posted 2013-05-23 06:28:53
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