Regulating Boilerplate: Resolving the Issues of Imposition and Unfairness in Standard Form Contracts
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This book analyses what elements of legal regulation would best resolve the longstanding issues of imposition of terms and unfair terms in boilerplate 'contracts of adhesion'. The problem is not a new one, first recognised by Sir Frederick Pollock, but it has persisted over the intervening years. So though the question is a longstanding one, the answer provided by the book is truly innovative. It adopts a 'law in context' methodology to offer solutions.
The new methodological approach is combined with insights from global regulatory theory and cutting edge solutions such as private collectivised proceedings and remedies, streamlined adjudication, and administrative enforcement systems. It takes a global approach, looking at models in the US, Canada, the UK, and the EU. As the use of boilerplates is set only to increase as privatisation and globalisation spread, the answers provided by this book are much needed.Collins, Hugh: -
Hugh Collins is the Vinerian Professor of English Law, All Souls' College Oxford
Photo courtesy of Faculty of Law, University of Oxford.Joerges, Christian: - Christian Joerges is Professor of Law and Society at the Hertie School of Governance in Berlin, and Co-Director of the Centre of European Law and Politics at the University of Bremen.
Moore, Marcus: - Marcus Moore is Professor of Law at the University of British Columbia, Canada.
Teubner, Gunther: - Gunther Teubner is Professor Emeritus of Private Law and Legal Sociology at the Faculty of Law, Goethe-University Frankfurt am Main, Germany.
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