文章基本信息

标题：The Hidden Roles of Boilerplate and Standard-Form Contracts: Strategic Imposition of Transaction Costs, Segmentation of Consumers, and Anticompetitive Effects
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作者：Gilo, David ; Porat, Ariel
期刊名称：Michigan Law Review
印刷版ISSN：0026-2234
出版年度：2006
卷号：104
期号：5
页码：983-1031
出版社：University of Michigan Law School
摘要：Standard-form contracts offered to consumers contain numerous terms and clauses, most of which are ancillary to the main terms of the transaction. We call these ancillary terms "boilerplate provisions." Since most consumers do not read boilerplate provisions or, if they do, find them hard to understand, courts are suspicious of boilerplate provisions and sometimes find them unenforceable under the doctrine of unconscionability. At times, courts conclude that harsh terms have not been accepted by consumers in the first place and therefore are not included in the contract, and on other occasions courts interpret boilerplate provisions in favor of consumers, applying the rule of interpretation against the draftsman.
关键词：Boilerplate: Foundations of Market Contracts Symposium; Standardized terms; Transaction costs; Consumers; Anticompetition; Cartels; Collusion; Price discrimination; Restraint of trade