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Item Details
Title: BOILERPLATE
THE FOUNDATION OF MARKET CONTRACTS
By: Omri Ben-Shahar (Editor)
Format: Paperback

List price: £37.99
Our price: £33.24
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You save: £4.75
ISBN 10: 052167638X
ISBN 13: 9780521676380
Availability: Usually dispatched within 1-3 weeks.
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Publisher: CAMBRIDGE UNIVERSITY PRESS
Pub. date: 21 May, 2007
Pages: 256
Description: This book explores the boilerplate, or the fine print of mass-distributed contracts: what it says, who writes it, and who reads it.
Synopsis: Boilerplate, the fine print of standard contracts, is more prevalent than ever in commercial trade and in electronic commerce. But what is in it, beyond legal technicalities? Why is it so hard to read and why is it often so one-sided? Who writes it, who reads it, and what effect does it have? The studies in this volume question whether boilerplate is true contract. Does it resemble a statute? Is it a species of property? Should we think of it as a feature of the product we buy? Does competition improve boilerplate? Looking at the empirical reality in which various boilerplates operate, leading private law experts reveal subtle and previously unrecognized ways in which boilerplate clauses encourage information flow, but also reduce it; how new boilerplate terms are produced, and how innovation in boilerplate is stifled; how negotiation happens in the shadow of boilerplate, and how it is subdued. They offer a new explanation as to why boilerplate is often so one-sided. With emphasis on empiricism and economic thinking, this volume provides a more nuanced understanding of the 'DNA' of market contracts, the boilerplate terms.
Illustrations: 3 tables
Publication: UK
Imprint: Cambridge University Press
Returns: Returnable
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