Page of

Reconceptualizing (Some) Boilerplate under Tort Law

Reconceptualizing (Some) Boilerplate under Tort Law

(p.197) Chapter Eleven Reconceptualizing (Some) Boilerplate under Tort Law
Margaret Jane Radin
Princeton University Press

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

Sign In

Copyright © 2021. All rights reserved.
Privacy Policy and Legal Notice