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Full-Text Articles in Law
The Hidden Roles Of Boilerplate And Standard-Form Contracts: Strategic Imposition Of Transaction Costs, Segmentation Of Consumers, And Anticompetitive Effects, David Gilo, Ariel Porat
The Hidden Roles Of Boilerplate And Standard-Form Contracts: Strategic Imposition Of Transaction Costs, Segmentation Of Consumers, And Anticompetitive Effects, David Gilo, Ariel Porat
Michigan Law Review
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 …
Franchise Restrictions: "Tied" Sales And Territorial Limitations, Alan S. Ward
Franchise Restrictions: "Tied" Sales And Territorial Limitations, Alan S. Ward
Washington and Lee Law Review
No abstract provided.
Termination And Non-Renewal Of Franchises Under The Automobile Dealers Franchise Act
Termination And Non-Renewal Of Franchises Under The Automobile Dealers Franchise Act
Indiana Law Journal
No abstract provided.
Abstracts Of Recent Cases, M. D. W. Jr.
Abstracts Of Recent Cases, M. D. W. Jr.
West Virginia Law Review
No abstract provided.
Commercial Restrictions In English Law, Edward A. Morrison
Commercial Restrictions In English Law, Edward A. Morrison
Vanderbilt Law Review
With the passing of the Restrictive Trade Practices Act, 1956, the English statute book is now furnished with a set of enactments, comprising this Act and the Monopolies Acts 1948 and 1953, which are comparable to the anti-trust legislation of the United States. The English statutes present marked dissimilarities to their American counterparts both in aim and method. In order to understand them it is necessary to consider certain divergences of emphasis on the part of English and American judges on the common law rules in which the legislation of the two countries alike is embedded, and certain aspects of …
Can A Manufacturer Be Compelled To Sell?, Henry M. Bates
Can A Manufacturer Be Compelled To Sell?, Henry M. Bates
Articles
The fight for price maintenance is not yet completely settled, despite, the decisions in Dr. Miles Medical Company v. Parks & Sons Company, 220 U. S. 373, 31 Sup. Ct. 376, 55 L. Ed. 502, and Bauer & Cie v. O'Donnell, 229 U. S. 1, 33 Sup. Ct. 616, 58 L. Ed. 1041, which held invalid contracts, whether nominally of agency, or of sale, between manufacturer and wholesaler or jobber whereby the latter in purchasing agreed himself to maintain and to sell only to others who would maintain a schedule of prices established by the manufacturer. But there are more …