Regulating Boilerplate
Resolving the Issues of Imposition and Unfairness in Standard Form Contracts
Will be published approx. on 19. February 2026
Book
Hardback
320 pages
978-1-5099-5120-8 (ISBN)
Description
This book analyses what elements of legal regulation would best resolve the longstanding issues of imposition of terms and unfair terms in boilerplate 'contracts of adhesion'. The problem is not a new one, first recognised by Sir Frederick Pollock, but it has persisted over the intervening years. So though the question is a longstanding one, the answer provided by the book is truly innovative. It adopts a 'law in context' methodology to offer solutions.
The new methodological approach is combined with insights from global regulatory theory and cutting edge solutions such as private collectivised proceedings and remedies, streamlined adjudication, and administrative enforcement systems. It takes a global approach, looking at models in the US, Canada, the UK, and the EU. As the use of boilerplates is set only to increase as privatisation and globalisation spread, the answers provided by this book are much needed.
The new methodological approach is combined with insights from global regulatory theory and cutting edge solutions such as private collectivised proceedings and remedies, streamlined adjudication, and administrative enforcement systems. It takes a global approach, looking at models in the US, Canada, the UK, and the EU. As the use of boilerplates is set only to increase as privatisation and globalisation spread, the answers provided by this book are much needed.
More details
Series
Language
English
Place of publication
Oxford
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
With dust jacket
Dimensions
Height: 234 mm
Width: 156 mm
Thickness: 25 mm
Weight
454 gr
ISBN-13
978-1-5099-5120-8 (9781509951208)
Copyright in bibliographic data is held by Nielsen Book Services Limited or its licensors: all rights reserved.
Schweitzer Classification
Person
Marcus Moore is Professor of Law at the University of British Columbia, Canada.
Content
1. Introduction
2. Boilerplate's Social Benefits & Outstanding Issues
3. Dealing with the Issue of Imposition: Upholding Contract as the Law of Voluntary Obligation & Justifying Distinct Control of Unfair Terms
4. Prescribing the Scope of Unfair Terms Regulation: Rationales for Control & Exclusion
5. Key Regulatory Choices in Designing Control of Unfair Terms
6. The Machinery of Regulatory Enforcement: Which Institutions and Procedures, with What Roles?
7. The System of Regulation: Vernacular Law for the Various Actors in the Network of Regulation
8. A Recommended New Approach for Dealing with Imposed and Unfair Terms in Standard Form Contracts
2. Boilerplate's Social Benefits & Outstanding Issues
3. Dealing with the Issue of Imposition: Upholding Contract as the Law of Voluntary Obligation & Justifying Distinct Control of Unfair Terms
4. Prescribing the Scope of Unfair Terms Regulation: Rationales for Control & Exclusion
5. Key Regulatory Choices in Designing Control of Unfair Terms
6. The Machinery of Regulatory Enforcement: Which Institutions and Procedures, with What Roles?
7. The System of Regulation: Vernacular Law for the Various Actors in the Network of Regulation
8. A Recommended New Approach for Dealing with Imposed and Unfair Terms in Standard Form Contracts