Private Law Theory

Manisha Padi, ‘Contractual Inequality’, 120 Michigan Law Review (forthcoming, 2022), available at SSRN. Standard form contracts have long been thought to be, well, standard. One size for all. A long and distinguished line of commentary has convincingly explained why mass contracts, like mass products, are standardized, what benefits uniformity brings to business and even to consumers, and why a take-it-or-leave method of negotiating them is inevitable. But a recent empirical line of scholarship has begun to cast doubt on that idée fixe. Standard form contracts, the new perspective suggests, are uniform in paper but personalized in practice …” (more)

[Omri Ben-Shahar, JOTWELL, 2 November]

First posted 2021-11-02 18:00:08