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"Standardized terms of contract United States."
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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 nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm.Boilerplateis 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.
eBook
From industrial to legal standardization, 1871-1914 : transnational insurance law and the great San Francisco earthquake
Around 1900, standard contracts and clauses spread throughout international industries such as transport, insurance and finance. The \"earthquake clause\", which was globally introduced by reinsurers after the 1906 San Francisco catastrophe, exemplifies this paradigmatic change of the law.
eBook
Unfair Contract Terms in European Law
The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a two fold aim: first, to understand the extent to which the Directive has influenced and will influence fundamental notions and principles of contract law in the domestic legal systems of the Member States; second, it examines the extent to which the domestic legal traditions of the Member States have influenced the process of drafting of the Directive and, more importantly, will affect the way that the Directive is interpreted and applied in national courts. The focus is mainly on English law (including the 2005 Unfair Terms in Contracts Bill) and on Italian law, but frequent references are made to the French and the German systems. At the same time, the book has a broader, more ‘European’ concern, in that it aims to distill from the existing Community acquis and from the history and rationale of Directive 93/13 notions and concepts that could guide its interpretation. It is well known that Community law uses terminology which is peculiar to it, and that legal concepts do not necessarily have the same meaning in EC law and in the law of the various Member States: every provision of Community law must be placed in its context and interpreted in the light of its own objectives and rationale, and of the objectives and rationale of Community law as a whole. In this respect, this book aims to identify the contours and features of the emerging European legal tradition, and to assess the impact that this may have on the domestic traditions.
eBook
AB20 and the California Model Agreement: Insights from Implementation and Streamlining of State Contracting with Academic Institutions
Prior to the passing of California Assembly Bill20(AB20) and the implementation of the California Model Agreement (CMA) in 2015, the proposal and award process for the California public university systems and the state of California was slow-moving, administratively burdensome, and inconsistent in contracting for research, training, and public services. The CMA was developed as a streamlined and collaborative vehicle for the state to conduct business with the University of California (UC) and the California State University (CSU) systems. The CMA has passed its three-year anniversary and has, in general, been effective in both standardizing proposal applications and submissions and in reducing the time and effort required to secure agreement. This study uses a mixed methods research approach using survey and interview instruments to: 1) determine the effectiveness of the current state contracting process in California; 2) identify successes and challenges of implementing this campus-wide pre- and post-award Sponsored Projects model; 3) collect suggested improvements to the process; and 4) offer recommendations for further implementing a model agreement proposal and award process.
Journal Article
“I'm Just Some Guy”: Positing and Leveraging Legal Subjects in Consumer Contracts and the Global Market
This article considers how legal frameworks shape the autonomous subject in a global economy. It makes salient the ways that different legal frameworks presume and enforce a particular subjectivity by positing certain behavioral expectations of various subjects. It does so through a focus on the underexplored rhetoric and implicit narratives of consumer contract law and transactional practice in the American and European regimes. By comparing the approach of the European Union to consumer contract, which posits the consumer as facing significant constraints on agency, to that in the United States, which elides functional limits of consumer knowledge and choice, this article highlights the dynamics of power implicit in how regional legal systems variously recognize parties’ behavioral expectations or subjectivity. The article also demonstrates how the positing of subjectivity informs an individual's subjective experience and shapes the corporate subject in a global context. Through two case studies of the role of ancillary terms in American consumer contracts, the article shows how the legal framework enables more powerful actors to leverage the very narrative of agency and rhetoric of agreement as well as the consumer's posited subjectivity to manipulate a consumer's actual subjective experience and hinder choice and agency. Juxtaposing the American and European consumer as subjects, this article highlights the ways in which hierarchies of subjects may be created and, at the very least, how competing subjectivities come to the fore in the global market through contract law.
Journal Article
FIDIC plant and design-build form of contract illustrated
The Conditions of Contract prepared by FIDIC are used extensively as the standard contract of choice in international construction and civil engineering projects. Engineers working on these projects need to be aware of these contracts, but as the forms are complex it can be difficult to draw together all the sub-clauses relating to a particular issue. The FIDIC Plant and Design-Build Forms of Contract Illustrated crystallizes the requirements of the FIDIC P&DB contract into a range of simple to follow flow charts, providing a clear and concise way to rapidly assimilate the requirements of each clause. The relationship between the various clauses in the contract, the concepts, process methods and actors involved in each sub-clause are all easily seen, and key issues around each topic (such as periods allowed, notices, etc) are all documented. In addition, related sub-clauses and/or important additional documents are linked so that the reader has a full understanding of the wider implications of each clause.
eBook