Published online by Cambridge University Press: 02 December 2009
The next five chapters explore ways in which the boilerplate aspect of contracts can be regulated. These chapters look at the role of legislators and regulators, rather than the role of courts, in fixing systematic problems with boilerplate. They explore techniques that include disclosure regulation, regulatory pre-approval of form language, and direct regulation of mandatory terms. The also examine ways in which regulation may backfire or produce undesirable terms, and why some of the perceived reasons for regulation are misguided. Finally, one of the chapters explores the role of private regulation of boilerplate, through nonprofits.
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