Boilerplate

Boilerplate PDF Author: Margaret Jane Radin
Publisher: Princeton University Press
ISBN: 0691163359
Category : Law
Languages : en
Pages : 358

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Book Description
Why the increasing use of boilerplate is eroding our rights 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. 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.

Boilerplate

Boilerplate PDF Author: Margaret Jane Radin
Publisher: Princeton University Press
ISBN: 0691163359
Category : Law
Languages : en
Pages : 358

Get Book

Book Description
Why the increasing use of boilerplate is eroding our rights 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. 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.

Negotiating and Drafting Contract Boilerplate

Negotiating and Drafting Contract Boilerplate PDF Author: Tina L. Stark
Publisher: ALM Publishing
ISBN: 9781588521057
Category : Business & Economics
Languages : en
Pages : 712

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Book Description
This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.

Boilerplate

Boilerplate PDF Author: Omri Ben-Shahar
Publisher: Cambridge University Press
ISBN: 1139464124
Category : Law
Languages : en
Pages : 211

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Book Description
Boilerplate, the fine print of standard contracts, is more prevalent than ever in commercial trade and in electronic commerce. But what is in it, beyond legal technicalities? Why is it so hard to read and why is it often so one-sided? Who writes it, who reads it, and what effect does it have? The studies in this volume question whether boilerplate is true contract. Does it resemble a statute? Is it a species of property? Should we think of it as a feature of the product we buy? Does competition improve boilerplate? Looking at the empirical reality in which various boilerplates operate, leading private law experts reveal subtle and previously unrecognized ways in which boilerplate clauses encourage information flow, but also reduce it; how new boilerplate terms are produced, and how innovation in boilerplate is stifled; how negotiation happens in the shadow of boilerplate, and how it is subdued. They offer a new explanation as to why boilerplate is often so one-sided. With emphasis on empiricism and economic thinking, this volume provides a more nuanced understanding of the 'DNA' of market contracts, the boilerplate terms.

Boilerplate Clauses, International Commercial Contracts and the Applicable Law

Boilerplate Clauses, International Commercial Contracts and the Applicable Law PDF Author: Giuditta Cordero-Moss
Publisher: Cambridge University Press
ISBN: 1139500058
Category : Law
Languages : en
Pages : 427

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Book Description
With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.

Comparison of Full-scale and Model Buffet Response of Apollo Boilerplate Service Module

Comparison of Full-scale and Model Buffet Response of Apollo Boilerplate Service Module PDF Author: Robert V. Doggett
Publisher:
ISBN:
Category : Aeroelasticity
Languages : en
Pages : 22

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Book Description


The Three and a Half Minute Transaction

The Three and a Half Minute Transaction PDF Author: Mitu Gulati
Publisher: University of Chicago Press
ISBN: 0226924386
Category : Law
Languages : en
Pages : 243

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Book Description
"Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, when a Belgian court's novel judicial interpretation in Elliott Associates v. Peru rattled international finance by forcing a defaulting sovereign - for one of the first times in the market's centuries-long history - to repay its foreign creditors despite their refusal to enter into a restructuring agreement. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause. Using this case as a launching pad to explore the broader issue of 'stickiness' of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts - dating back to the nineteenth century - and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation and that are largely hidden from the individual lawyer tasked with drafting contracts. With the near certainty of massive sovereign debt structuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided"--Unedited summary from book jacket.

The Boilerplate Rhino

The Boilerplate Rhino PDF Author: David Quammen
Publisher: Simon and Schuster
ISBN: 0743200322
Category : Nature
Languages : en
Pages : 288

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Book Description
A collection of twentysix essays about the natural world captures the relationship between human and animal, with such topics as rattlesnakes and their handlers, and spiders and arachnophobia, all told in an entertaining, enlightening style.

The Boilerplate Rhino

The Boilerplate Rhino PDF Author: David Quammen
Publisher: Simon and Schuster
ISBN: 1439125430
Category : Nature
Languages : en
Pages : 288

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Book Description
In 1981 David Quammen began what might be every freelance writer's dream: a monthly column for Outside magazine in which he was given free rein to write about anything that interested him in the natural world. His column was called "Natural Acts," and for the next fifteen years he delighted Outside's readers with his fascinating ruminations on the world around us. The Boilerplate Rhino brings together twenty-six of Quammen's most thoughtful and engaging essays from that column, none previously printed in any of his earlier books. In lucid, penetrating, and often quirkily idiosyncratic prose, David Quammen takes his readers with him as he explores the world. His travels lead him to rattlesnake handlers in Texas; a lizard specialist in Baja; the dinosaur museum in Jordan, Montana; and halfway across Indonesia in search of the perfect Durian fruit. He ponders the history of nutmeg in the southern Moluccas, meditates on bioluminescent beetles while soaking in the waters of the Amazon, and delivers "The Dope on Eggs" from a chicken ranch near his hometown in Montana. Quammen's travels are always jumping-off points to explore the rich and sometimes horrifying tension between humankind and the natural world, in all its complexity and ambivalence. The result is another irrepressible assortment of ideas to explore, conundrums to contemplate, and wondrous creatures to behold.

A-Z Guide to Boilerplate and Commercial Clauses

A-Z Guide to Boilerplate and Commercial Clauses PDF Author: Mark Anderson
Publisher: Bloomsbury Publishing
ISBN: 1526500620
Category : Law
Languages : en
Pages : 769

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Book Description
Need help with contract clauses, but only got a few minutes? An alphabetical, quick-access guide to all you need to know: The purpose and effect of common clauses, explaining the relevance of each, with illustrative examples. Now covers: The meaning of: 'Breach' 'Substantial' and 'material' in clauses for termination 'Beyond reasonable control' in force majeure cases When a priority of terms clause will operate Whether rules applying to penalties also apply to deposits The legal effectiveness of 'no amendment' or 'no variation' clauses Legal frameworks and how the courts will view such clauses during a dispute New legislation such as the Consumer Rights Act 2015, the General Data Protection Regulations 2016 and the Trade Secrets Directive Also includes: A step-by-step commentary Examples of best practice in different situations Detailed notes on each type of boilerplate clause A summary of relevant law, including statutory definitions and case law Precedents available as electronic downloads

HTML5 Boilerplate Web Development

HTML5 Boilerplate Web Development PDF Author: Divya Manian
Publisher: Packt Publishing Ltd
ISBN: 9781849518505
Category : Computers
Languages : en
Pages : 174

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Book Description
"HTML5 Boilerplate Web Development" is a practical guide rich with information on getting the best out of the boilerplate. Readers follow the expert author through a project of building a music festival site; the tutorials and lessons learned are easily applicable to any website project,This book is for all developers who are familiar with creating web projects using HTML, CSS, and JavaScript, however, no deep knowledge is necessary. Some knowledge of what a web server is and how it can be configured is good to have. You should also not be afraid to use the command line (fear not! There are links within that should make you less afraid). There is no expectation that you know HTML5 Boilerplate.