“In her book, Boilerplate: The Fine Print, Vanishing Rights, and The Rule of Law, Professor Margaret Jane Radin suggests the expansion of tort law as the centerpiece remedy for what she terms abusive mass market contract boilerplate. (Radin, p. 216). As a complement to existing contract remedies, she posits a new tort, i.e., ‘intentional deprivation of basic legal rights’. (Radin, pp. 198, 211, 216). According to Radin, this intentional tort would cover abusive boilerplate, i.e., ‘a firm that imposed severe remedy deletions of rights that are at least partially market-inalienable, under circumstances of non-consent and mass market distribution …’ (Radin, p. 211). This intentional tort would be a companion to another new tort reconceptualizing abusive boilerplate as a defective ‘product’ under the law of product liability …” (more)
[ContractsProf Blog, 12 June]
First posted 2013-06-12 12:46:07
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