Boilerplate

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Release : 2014-11-03
Genre : Law
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Book Rating : 359/5 ( reviews)

Boilerplate - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Boilerplate write by Margaret Jane Radin. This book was released on 2014-11-03. Boilerplate available in PDF, EPUB and Kindle. Why the increasing use of boilerplate is eroding our rights 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.

Negotiating and Drafting Contract Boilerplate

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Author :
Release : 2003
Genre : Business & Economics
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Book Rating : 057/5 ( reviews)

Negotiating and Drafting Contract Boilerplate - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Negotiating and Drafting Contract Boilerplate write by Tina L. Stark. This book was released on 2003. Negotiating and Drafting Contract Boilerplate available in PDF, EPUB and Kindle. This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.

Boilerplate

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Release : 2007-05-21
Genre : Law
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Book Rating : 124/5 ( reviews)

Boilerplate - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Boilerplate write by Omri Ben-Shahar. This book was released on 2007-05-21. Boilerplate available in PDF, EPUB and Kindle. 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.

Boilerplate Clauses, International Commercial Contracts and the Applicable Law

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Release : 2011-03-17
Genre : Law
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Book Rating : 058/5 ( reviews)

Boilerplate Clauses, International Commercial Contracts and the Applicable Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Boilerplate Clauses, International Commercial Contracts and the Applicable Law write by Giuditta Cordero-Moss. This book was released on 2011-03-17. Boilerplate Clauses, International Commercial Contracts and the Applicable Law available in PDF, EPUB and Kindle. With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

Comparison of Full-scale and Model Buffet Response of Apollo Boilerplate Service Module

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Release : 1966
Genre : Aeroelasticity
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Comparison of Full-scale and Model Buffet Response of Apollo Boilerplate Service Module - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Comparison of Full-scale and Model Buffet Response of Apollo Boilerplate Service Module write by Robert V. Doggett. This book was released on 1966. Comparison of Full-scale and Model Buffet Response of Apollo Boilerplate Service Module available in PDF, EPUB and Kindle.