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Regulating Boilerplate: Resolving the Issues of Imposition and Unfairness in Standard Form Contracts: International Studies in the Theory of Private Law

Autor Marcus Moore
en Limba Engleză Hardback – 2 apr 2025
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.
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Specificații

ISBN-13: 9781509951208
ISBN-10: 1509951202
Pagini: 288
Dimensiuni: 156 x 234 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria International Studies in the Theory of Private Law

Locul publicării:London, United Kingdom

Caracteristici

Draws on insights from global regulatory theory and cutting edge solutions

Notă biografică

Marcus Moore is Professor of Law at the University of British Columbia, Canada.

Cuprins

1. Introduction2. Boilerplate's Social Benefits & Outstanding Issues3. Dealing with the Issue of Imposition: Upholding Contract as the Law of Voluntary Obligation & Justifying Distinct Control of Unfair Terms4. Prescribing the Scope of Unfair Terms Regulation: Rationales for Control & Exclusion5. Key Regulatory Choices in Designing Control of Unfair Terms6. 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