Boilerplate Symposium VIII: Daniel Schwarcz on a Tort-Based Approach to Standard Form Contracts

“This is the eighth in a series of posts reviewing Margaret Radin’s Boilerplate: The Fine Print, Vanishing Rights and the Rule of Law. Daniel Schwarcz is an Associate Professor of Law at the University of Minnesota School of Law. One of the most provocative arguments in Margaret Jane Radin’s bold and compelling book, Boilerplate, is that legal evaluation of contracts of adhesion should employ tort principles rather than contract principles. As Radin acknowledges, this is an idea that I have explored in the specific context of insurance policies. In this guest post, I hope to discuss some of the similarities and differences between Radin’s proposed approach and my own. In some important ways, Radin and I make similar arguments for moving to a tort-based approach to standard form contracts …” (more)

[ContractsProf Blog, 21 May]

First posted 2013-05-21 16:17:40

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