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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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Evaluating Current Judicial Oversight

Evaluating Current Judicial Oversight

(p.123) Chapter Seven Evaluating Current Judicial Oversight

Margaret Jane Radin

Princeton University Press

This chapter examines current judicial oversight of contract law, and more specifically the extent to which boilerplate is regulated as contract. It first considers the three categories of the normal, traditional oversight doctrines for contracts: coercion or duress; fraud, deception, or misrepresentation; and invalid contract formation. It then explores the doctrine of unconscionability and a related wild-card doctrine that makes it possible for courts to declare a contract void because it undermines public policy. It also discusses the jurisprudential problem with “wild-card” doctrines before concluding with an analysis of how traditional oversight doctrines are faring with regard to boilerplate rights deletion schemes, with particular emphasis on arbitration clauses, choice of forum clauses, exculpatory clauses, and limitation of remedy.

Keywords:   judicial oversight, contract law, boilerplate, contract, coercion, fraud, invalid contract formation, unconscionability, wild-card doctrines, boilerplate rights

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