Coming Soon Regulating Boilerplate: Resolving the Issues of Imposition and Unfairness in Standard Form Contracts

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Regulating Boilerplate: Resolving the Issues of Imposition and Unfairness in Standard Form Contracts

By Marcus Moore
Coming Soon Hart Publishing Available June 2027

Specifications

ISBN-13
9781509951208
Publisher
Hart Publishing
Publication
June 2027
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

1. Introduction
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
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