Boilerplate Symposium Part XI: Aditi Bagchi on Boilerplate Waivers

“Aditi Bagchi is an Associate Professor at the Fordham University School of Law. Professor Radin’s Boilerplate is a pragmatist repudiation of an important social and legal phenomenon. That practice has a number of features: (1) waivers of rights and liability contained in boilerplate are often unknown to the individuals who grant those waivers (2) consumers need to waive common law and statutory rights in order to purchase a wide range of goods and services, many of which are regarded as essential to ordinary American life (3) the waivers in boilerplate govern so many contractual relationships that some rights otherwise granted by law are effectively eliminated for large portions of the consumer population. Much of the literature on boilerplate focuses on the first feature of boilerplate, above. Radin has an argument about normative degradation and the poor quality of consent to boilerplate. But I think the most important contribution of the book is to highlight features (2) and (3) …” (more)

[ContractsProf Blog, 27 May]

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