“Brian Bix is the Frederick W Thomas Professor for the Interdisciplinary Study of Law and Language at the University of Minnesota Law School. (The following is adapted from a much longer review that will appear in the Tulsa Law Review.) In her important, timely, and provocative book, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law, Margaret Jane Radin offers some scathing observations regarding the motivation and effects of the terms placed in consumer and employee contracts. She argues that the current contracting practices make a mockery of consent, and undermine the rule of law. Radin is clearly correct in her essential claim, that for many contracting parties freedom of contract is less an ideal than a sham, and that boilerplate provisions are being used by companies to circumvent substantive rights and remedies consumers, employees, and other contracting parties would otherwise have …” (more)
[ContractsProf Blog, 20 May]
First posted 2013-05-20 15:09:35
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