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BoilerplateThe Fine Print, Vanishing Rights, and the Rule of Law$
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Margaret Jane Radin

Print publication date: 2012

Print ISBN-13: 9780691155333

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691155333.001.0001

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Reconceptualizing (Some) Boilerplate under Tort Law

Reconceptualizing (Some) Boilerplate under Tort Law

Chapter:
(p.197) Chapter Eleven Reconceptualizing (Some) Boilerplate under Tort Law
Source:
Boilerplate
Author(s):

Margaret Jane Radin

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691155333.003.0011

This chapter explains how abusive boilerplate could either be treated as a defective product, or else regulated under a new tort of intentional deprivation of basic legal rights. It argues that we should put boilerplate rights deletion schemes into the legal category—tort law—in which we can actually consider them as products, instead of considering them one at a time as a contract between two individuals. It also highlights boundary the fuzzy and shifting boundary between contracts and torts by focusing on doctrinal border areas such as fraud or misrepresentation, bad faith breach of contract, and warranty. A case study involving implied warranty of habitability in residential leases is presented. The chapter concludes with a comparison of tort and contract remedies, along with the common-law economic loss doctrine.

Keywords:   boilerplate rights, tort law, contract, fraud, breach of contract, habitability, residential leases, contract remedies, economic loss

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