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Book
xvii, 339 p. : ill. ; 24 cm.
  • Prologue: World A (agreement) and world B (boilerplate)
  • An overview of worlds A and B
  • Normative degradation : deleting rights without consent in the name of contract
  • Democratic degradation : replacing the law of the state with the "law" of the firm
  • A summary of the philosophy of contract : the theories of world A
  • Can autonomy theory (agreement, consent) justify boilerplate deletion of rights?
  • Can utilitarian-welfare (economic) theory justify boilerplate deletion of rights?
  • Evaluating current judicial oversight
  • Can current oversight be improved?
  • Improving evaluation of boilerplate : a proposed analytical framework
  • "Private" reform ideas : possible market solutions
  • Reconceptualizing (some) boilerplate under tort law
  • "Public" and hybrid regulatory solutions
  • Afterword: What's next for boilerplate?.
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 non negotiable 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.
(source: Nielsen Book Data)9780691155333 20160609
Law Library (Crown)
LAW-205-03
Book
viii, 258 pages ; 24 cm.
  • Background elements : the contract curve and expectation damages
  • Consideration and the bargained-for exchange
  • Contract formation
  • Unfairness and unconscionability
  • Contract interpretation : parol evidence, trade usage, gap fillers
  • Performance and breach
  • Mistake and impossibility
  • Remedies
  • Third party beneficiaries.
Recommended in more than 100 schools, the updated seventh edition of Concepts and Case Analysis in the Law of Contracts is a readable primer that offers first-year law students a reliable overview of the major themes and leading cases in the field of the law of contracts. This contracts primer is straightforward and uncluttered, covering the main themes of the first-year contracts course, together with related cases.
(source: Nielsen Book Data)9781609303303 20160616
Law Library (Crown)
LAW-205-03
Book
xlvii, 1,030 p. : ill. ; 26 cm.
  • Bases for enforcing promises
  • Creating contractual obligations
  • Statutes of frauds
  • Policing the bargaining process
  • Determining the parties' obligations under the contract : ascertaining, interpreting, and supplementing the agreement
  • Limits on the bargain and its performance
  • Remedies for breach
  • Performance and breach
  • Basic assumptions : mistake, impracticability and frustration
  • Third parties : rights and responsibilities.
Law Library (Crown)
LAW-1007-01, LAW-205-03
Book
xvi, 280 pages : illustrations ; 24 cm.
  • Introduction
  • The law, economics, and psychology of consumer contracts
  • Credit cards
  • Mortgages
  • Cell phones
  • Conclusion.
Consumers routinely enter into long-term contracts with providers of goods and services - from credit cards, mortgages, cell phones, insurance, TV, and internet services to household appliances, theatre and sports events, health clubs, magazine subscriptions, transportation, and more. Across these consumer markets certain design features of contracts are recurrent, and puzzling. Why do sellers design contracts to provide short-term benefits and impose long-term costs? Why are low introductory prices so common? Why are the contracts themselves so complex, with numerous fees and interest rates, tariffs and penalties? Seduction by Contract explains how consumer contracts emerge from the interaction between market forces and consumer psychology. Consumers are short-sighted and optimistic, so sellers compete to offer short-term benefits, while imposing long-term costs. Consumers are imperfectly rational, so sellers hide the true costs of products and services in complex contracts. Consumers are seduced by contracts that increase perceived benefits, without actually providing more benefits, and decrease perceived costs, without actually reducing the costs that consumers ultimately bear. Competition does not help this behavioural market failure. It may even exacerbate it. Sellers, operating in a competitive market, have no choice but to align contract design with the psychology of consumers. A high-road seller who offers what she knows to be the best contract will lose business to the low-road seller who offers what the consumer mistakenly believes to be the best contract. Put bluntly, competition forces sellers to exploit the biases and misperceptions of their customers. Seduction by Contract argues that better legal policy can help consumers and enhance market efficiency. Disclosure mandates provide a promising avenue for regulatory intervention. Simple, aggregate disclosures can help consumers make better choices. Comprehensive disclosures can facilitate the work of intermediaries, enabling them to better advise consumers. Effective disclosure would expose the seductive nature of consumer contracts and, as a result, reduce sellers' incentives to write inefficient contracts. Developing its explanation through a general framework and detailed case studies of three major consumer markets (credit cards, mortgages, and cell phones), Seduction by Contract is an accessible introduction to the law and economics of consumer contracts, and a powerful critique of current regulatory policy.
(source: Nielsen Book Data)9780199663361 20160610
Law Library (Crown)
LAW-205-03

5. Contracts stories [2007]

Book
vii, 362 p. ; 26 cm.
  • ch. 1. Hadley v. Baxendale : a study in the industrialization of the law / Richard Danzig
  • ch. 2. Contracts for cotton to arrive : the case of the two ships Peerless / A.W. Brian Simpson
  • ch. 3. Hoffman v. Red Owl Stores and the myth of precontractural reliance / Robert E. Scott
  • ch. 4. ProCD v. Zeidenberg : do doctrine and function mix? / Richard A. Epstein
  • ch. 5. Developing markets in baby-making : in the matter of Baby M / Carol Sanger
  • ch. 6. Reconstructing contracts : Hamer v. Sidway / Douglas G. Baird
  • ch. 7. Britton v. Turner : a signpost on the crooked road to "freedom" in the employment contract / Robert W. Gordon
  • ch. 8. The gendered origins of the Lumley Doctrine : binding men's consciences and women's fidelity / Lea S. VanderVelde
  • ch. 9. The unearthed facts of Peevyhouse v. Garland Coal & Mining Co. / Judith L. Maute
  • ch. 10. The king of Rockingham County and the original bridge to nowhere / Barak D. Richman
  • ch. 11. A fish story : Alaska Packers' Association v. Domenico / Debora L. Threedy.
Law Library (Crown)
LAW-205-03
Book
x, 373 p. ; 26 cm.
Law Library (Crown)
LAW-205-03

7. Contracts [2004]

Book
xxv, 940 p. ; 26 cm.
Law Library (Crown)
LAW-205-03
Journal/Periodical
v. : forms ; 26 cm.
Law Library (Crown)
LAW-205-03, LAW-205-04
Book
xviii, 675 p. ; 26 cm.
Law Library (Crown)
LAW-205-03
Book
xvi, 341 p. : ill. ; 24 cm.
This is part of a series of readers designed as supplementary texts in introductory law school courses. This collection of 56 readings is designed to introduce students to current contracts scholarship. The wide range of readings presents the core contributions of economics, philosophy, critical legal studies, and other disciplines. The readings are not abstract essays, however, but emphasize the application of these approaches to contested issues in every area of contract law, from contract formation to remedies for breach. Notes on each topic raise further issues for discussion.
(source: Nielsen Book Data)9780195079401 20160528
Law Library (Crown)
LAW-205-03
Book
vii, 310 p. : ill. ; 25 cm.
The American legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, pornography, or sexual favours? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts? Finally, do people always know their own preferences, many of which may be socially conditioned? These are only a few of the issues Michael Trebilcock explores in this sweeping analysis of the private ordering model of contract law and the major theoretical camps critiquing it, including the communitarian and the feminist. He examines the implication that the private ordering paradigm simultaneously promotes both autonomy and welfare values, and argues that in many contexts the convergence of these values is much more contestable than its proponents claim. The book treats all the conflicting perspectives with care, acknowledging both their strengths and weaknesses, and using them to illuminate many specific dilemmas. Trebilcock also pays close attention to how various theories may be translated into practice, revealing that ideas that appear to oppose each other at the abstract level are in fact very similar when implemented at the institutional level. In conclusion, Trebilcock argues that we need to be more alert to the possibility of adopting public policies that broaden access to market opportunities for the disadvantaged.
(source: Nielsen Book Data)9780674534292 20160527
Law Library (Crown)
LAW-205-03
Book
162 p. ; 24 cm.
Law Library (Crown)
LAW-205-03
Book
xiii, 164 p. ; 22 cm.
Law Library (Crown)
LAW-205-03
Book
xi, 791 p. ; 25 cm.
Law Library (Crown)
LAW-205-03
Book
x,151 p. 21cm.
Law Library (Crown)
LAW-205-03
Law Library (Crown)
LAW-205-03, LAW-205-04