Boilerplate

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

Get Book

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

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

Get Book

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.

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

Get Book

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 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

Get Book

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

Get Book

Book Description


The Boilerplate Rhino

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

Get Book

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.

Contract Drafting

Contract Drafting PDF Author: Lenné Eidson Espenschied
Publisher: American Bar Association
ISBN: 9781604427950
Category : Contracts
Languages : en
Pages : 334

Get Book

Book Description
Contract Drafting: Powerful Prose in Transactional Practice presents an overview of the stages in the contract process and offers a comprehensive introduction to the substantive areas addressed in transactional documents. In fourteen lessons, readers will learn how to work from prior documents to produce effective and complete legal documents that protect the client's interests.

Examples & Explanations for Copyright

Examples & Explanations for Copyright PDF Author: Stephen M. McJohn
Publisher: Aspen Publishing
ISBN: 1543819931
Category : Law
Languages : en
Pages : 1025

Get Book

Book Description
A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here’s why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.

eDiscovery for the Legal Professional

eDiscovery for the Legal Professional PDF Author: Christine E. Broucek
Publisher: Aspen Publishing
ISBN: 1543858414
Category : Law
Languages : en
Pages : 442

Get Book

Book Description
Designed for today’s student, eDiscovery for the Legal Professional, Second Edition, introduces the basics of electronic discovery. In the current, fast-paced legal environment, legal professionals need to understand how technology influences the practice law, how to communicate this information to their clients, and the most cost-effective discovery tools available. This text offers comprehensive and timely coverage, including historical development of the eDiscovery field; substantive legal precedent and case studies; procedural changes based on the Federal Rules of Civil Procedure; practical application of eDiscovery tools and resources; discussion of changing technology definitions, usage and trends; and ethical considerations for the legal professional when managing electronic discovery and data. New to the Second Edition: Up-to-date coverage of recent judicial decisions. Increased emphasis on the importance of project management techniques that support both internal data governance and eDiscovery processes. Continued exploration of how advancement of technology has created new ways for the law to be practiced and applied. Professors and students will benefit from: Accessible text that explains technical eDiscovery concepts in layman’s terms. Emphasis on the importance of project management techniques that support both internal data governance and eDiscovery processes. Discussion of current Federal Rules of Civil Procedure covering eDiscovery. Effective pedagogy with examples and exercises in every chapter, excerpts from cases and the Federal Rules, helpful lists and summaries, and key points that highlight essential concepts and practical applications. Key topic coverage, including Impact of Electronically Stored Information (ESI) on discovery, Data Management, Case Management, Spoliation, and Ethical Considerations such as competence, confidentiality, and informed consent. A comprehensive glossary to help students with new and unfamiliar vocabulary.

International Investment Law and Soft Law

International Investment Law and Soft Law PDF Author: Andrea K. Bjorklund
Publisher: Edward Elgar Publishing
ISBN: 178100322X
Category : Law
Languages : en
Pages : 352

Get Book

Book Description
This important book examines the development of soft law instruments in international investment law and the feasibility of a 'codification' of the present state of this field of international economic law. It draws together the views of international experts on the use of soft law in international law generally and in discrete fields such as WTO, commercial, and environmental law. The book assesses whether investment law has sufficiently coalesced over the last 50 years to be 'codified' and focuses particularly on topical issues such as most-favoured-nation treatment and expropriation. This timely book will appeal to academics interested in the development of international law and legal theory, to those working in investment law, Government investment treaty negotiators and arbitration practitioners.

Contract, Status, and Fiduciary Law

Contract, Status, and Fiduciary Law PDF Author: Paul B. Miller
Publisher: Oxford University Press
ISBN: 0198779194
Category : Law
Languages : en
Pages : 353

Get Book

Book Description
Bringing together leading theorists to analyse critically important philosophical questions at the intersection of contract and fiduciary law, this book demonstrates that the popular characterisations of the relationship between them are overly simplistic. By considering how both laws interact, and not just how they differ, it offers new insights into a range of topics including status relationships, voluntary undertakings and duties of loyalty.