By listening to this podcast YOU AGREE to arbitrate all disputes in Florida and to forego class actions and consequential damages. This week: Jim Gibson on boilerplate terms in contracts. What to do with contract terms that aren’t read?
This show’s links:
Jim Gibson’s faculty profile (http://law.richmond.edu/faculty/jgibson/) and writing (https://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=354288)
James Gibson, Boilerplate's False Dichotomy (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2947328)
Lucian Bebchuk and Richard Posner, One-Sided Contracts in Competitive Consumer Markets (http://repository.law.umich.edu/mlr/vol104/iss5/1/)
Karl Llewellyn, Review: The Standardization of Commercial Contracts in English and Continental Law by O. Prausnitz (https://www.jstor.org/stable/1334280?seq=1#page_scan_tab_contents)
ProCD v. Zeidenberg (https://scholar.google.com/scholar_case?case=11811009805458694240)
Margaret Jane Radin, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law (https://books.google.com/books/about/Boilerplate.html?id=txurzpvKQJoC)
Boilerplate: Foundations of Market Contracts (http://repository.law.umich.edu/mlr/vol104/iss5/), a Michigan Law Review symposium that includes writing by Omri Ben-Shahar, Margaret Jane Radin, Todd Rakoff, Henry Smith, and many others
Special Guest: Jim Gibson.