Boilerplate: The Foundation of Market Contracts

Front Cover
Omri Ben-Shahar
Cambridge University Press, May 21, 2007 - Law - 256 pages
This book is about the fine print in contracts: the terms that individuals sign without reading when they click “I agree” or buy a plane ticket or engage in any common market transaction. The book explores the relation between this phenomenon and the ideal of consensual contracts. It identifies problems that the unreadable language creates and how this affects the welfare of individuals. It reveals what it is that we truly agree to when we accept these mass-distributed contracts. And it explains how business uses these contracts to gain advantages, but also, in a variety of subtle ways, to improve competition.

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About the author (2007)

Omri Ben-Shahar joined the Michigan Law School faculty in 1999. He founded and has been named director of the Olin Center for Law and Economics at Michigan. He previously taught as a professor of law and economics at Tel-Aviv University and was a research fellow at the Israel Democracy Institute. Dr Ben-Shahar teaches courses in Contracts, Electronic Commerce, Intellectual Property, and Economic Analysis of Law. He holds a B.A. in economics and LL.B. from Hebrew University, and an LL.M., S.J.D., and Ph.D. in economics from Harvard. He is the Chair Elect of the Contracts Section of the American Association of Law Schools, and a board member of the American Law and Economics Association. Dr. Ben-Shahar writes in the fields of contract law and products liability. His work has been published in many journals, including the Yale Law Journal, University of Chicago Law Review, University of Pennsylvania Law Review, Journal of Law and the American Law and Economics Review.

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