Andrea Boyack, ‘Abuse of Contract: Boilerplate Erasure of Consumer Counterparty Rights’, 110 Iowa Law Review 497 (2025). Andrea Boyack’s article, ‘Abuse of Contract: Boilerplate Erasure of Consumer Counterparty Rights’, examines ‘problematic’ provisions in consumer contracts and may be viewed as a companion piece to her previous article, ‘The Shape of Consumer Contracts’ which is more theoretical. Both articles provide a valuable contribution to the literature on boilerplate and merit attention, although I focus this review on ‘Abuse of Contract’. Professor Boyack examined the online terms and conditions of 100 companies in a variety of industries. The study aimed to answer two questions: ‘(A) How prevalent are boilerplate provisions that limit consumers’ legal rights? and (B) to what extent do particular companies use such boilerplate limitations?’ (p 4). Her study is one of several in recent years taking an empirical approach to terms and conditions … (more)
[Nancy Kim, JOTWELL, 30 January 2025]
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