An edition of Boilerplate (2012)

Boilerplate

The Fine Print, Vanishing Rights, and the Rule of Law

  • 0 Ratings
  • 0 Want to read
  • 0 Currently reading
  • 0 Have read
Boilerplate
Margaret Jane Radin
Not in Library

My Reading Lists:

Create a new list

Check-In

×Close
Add an optional check-in date. Check-in dates are used to track yearly reading goals.
Today

  • 0 Ratings
  • 0 Want to read
  • 0 Currently reading
  • 0 Have read

Buy this book

Last edited by MARC Bot
August 27, 2024 | History
An edition of Boilerplate (2012)

Boilerplate

The Fine Print, Vanishing Rights, and the Rule of Law

  • 0 Ratings
  • 0 Want to read
  • 0 Currently reading
  • 0 Have read

Boilerplate--the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets--pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.

Publish Date
Language
English
Pages
360

Buy this book

Edition Availability
Cover of: Boilerplate
Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law
2014, Princeton University Press
in English
Cover of: Boilerplate
Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law
2012, Princeton University Press
in English
Cover of: Boilerplate
Boilerplate: the fine print, vanishing rights, and the rule of law
2012, Princeton University Press
in English
Cover of: Boilerplate
Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law
2012, Princeton University Press
in English

Add another edition?

Book Details


Classifications

Library of Congress

ID Numbers

Open Library
OL29259895M
ISBN 13
9780691163352

Source records

Better World Books record

Community Reviews (0)

Feedback?
No community reviews have been submitted for this work.

Lists

This work does not appear on any lists.

History

Download catalog record: RDF / JSON
August 27, 2024 Edited by MARC Bot import existing book
August 22, 2020 Edited by ImportBot import existing book
May 2, 2012 Created by LC Bot import new book