Regulating Boilerplate
Resolving the Issues of Imposition and Unfairness in Standard Form Contracts
Regulating Boilerplate
Resolving the Issues of Imposition and Unfairness in Standard Form Contracts
Description
This book analyses what elements of legal regulation would best resolve the longstanding issues of imposition and unfair terms in the boilerplate of standard form contracts. These longstanding problems - recognised already by Sir Frederick Pollock in the 1860s - still persist, without a satisfactory solution having been found. Focused on solutions, the book takes an innovative approach, drawing on insights from regulatory theory, to offer innovative solutions.
The book adopts a 'law in context' approach to analysing the law of contract in this economic, sociological and historical context. Beyond the substantive question of what to do about unfair contract terms, the book addresses deeper issues that have plagued existing regulatory responses, including access to justice, enforcement burdens, market contamination, and asymmetric costs and benefits to measures of private redress.
The book has a global perspective, reflecting on regimes in the UK, EU, US, Canada, Australia and elsewhere. As increasingly much of people's activies are governed by the boilerplate of standard form contracts, the possibilities opened up in this book are urgently needed.
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Table of Contents
2. Boilerplate's Social Benefits & Outstanding Issues
3. Dealing with the Issue of Imposition: Upholding Contract as the Law of Voluntary Obligation & Justifying Distinct Control of Unfair Terms
4. Prescribing the Scope of Unfair Terms Regulation: Rationales for Control & Exclusion
5. Key Regulatory Choices in Designing Control of Unfair Terms
6. The Machinery of Regulatory Enforcement: Which Institutions and Procedures, with What Roles?
7. The System of Regulation: Vernacular Law for the Various Actors in the Network of Regulation
8. A Recommended New Approach for Dealing with Imposed and Unfair Terms in Standard Form Contracts
Product details
| Published | 27 May 2027 |
|---|---|
| Format | Ebook (PDF) |
| Edition | 1st |
| Pages | 320 |
| ISBN | 9781509951222 |
| Imprint | Hart Publishing |
| Series | International Studies in the Theory of Private Law |
| Publisher | Bloomsbury Publishing |
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