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PART ONE - WHY IS BOILERPLATE ONE-SIDED?

Published online by Cambridge University Press:  02 December 2009

Omri Ben-Shahar
Affiliation:
Kirkland and Ellis Professor of Law and Economics, University of Michigan Law School
Omri Ben-Shahar
Affiliation:
University of Michigan, Ann Arbor
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Summary

Perhaps the most robust feature of fine-print terms in contracts is their bias in favor of the drafter. It is a puzzling feature because one-sided boilerplate accompanies not only “bad” consumer contracts but also almost every contract, including contracts for the sale of high-end goods and contracts between sophisticated parties. Why, then, are contracts often “worse” than the products with which they come? Does one-sided boilerplate have a role that goes beyond simple rent expropriation? The first five chapters in this volume provide novel insights on this fundamental question. They document the extent of the phenomenon of one-sidedness and explore its role in market contracts.

Type
Chapter
Information
Boilerplate
The Foundation of Market Contracts
, pp. 1 - 2
Publisher: Cambridge University Press
Print publication year: 2007

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  • WHY IS BOILERPLATE ONE-SIDED?
    • By Omri Ben-Shahar, Kirkland and Ellis Professor of Law and Economics, University of Michigan Law School
  • Edited by Omri Ben-Shahar, University of Michigan, Ann Arbor
  • Book: Boilerplate
  • Online publication: 02 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511611179.002
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To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • WHY IS BOILERPLATE ONE-SIDED?
    • By Omri Ben-Shahar, Kirkland and Ellis Professor of Law and Economics, University of Michigan Law School
  • Edited by Omri Ben-Shahar, University of Michigan, Ann Arbor
  • Book: Boilerplate
  • Online publication: 02 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511611179.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • WHY IS BOILERPLATE ONE-SIDED?
    • By Omri Ben-Shahar, Kirkland and Ellis Professor of Law and Economics, University of Michigan Law School
  • Edited by Omri Ben-Shahar, University of Michigan, Ann Arbor
  • Book: Boilerplate
  • Online publication: 02 December 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511611179.002
Available formats
×