Nancy Kim, ‘Boilerplate and Consent’

“In Margaret Jane Radin’s book, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law, Radin argues that boilerplate is a social problem leading to normative and democratic degradation of important rights. Although practitioners typically refer to “boilerplate” as the miscellaneous, standardized provisions at the end of a contract, Radin uses the term to refer to “standardized form contracts” which “like the rigid metal used to construct steam boilers in the past … cannot be altered”. Radin proposes an analytical framework for evaluating boilerplate and a bold panoply of alternatives to contract law to deal with the problem of boiler-plate which includes private and public approaches, and a novel use of tort law to deter the most egregious rights-deleting terms …” (more)

Nancy S Kim, ‘Boilerplate and Consent’, 17 Green Bag 293 (2014).

First posted 2014-10-29 12:58:17

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