Boilerplate

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Boilerplate
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Author : Margaret Jane Radin
language : en
Publisher: Princeton University Press
Release Date : 2012-12-07
Boilerplate written by Margaret Jane Radin and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-07 with Law categories.
Why the increasing use of boilerplate is eroding our rights Boilerplate—the fine-print terms and conditions that we become subject to when we click "I agree" online, rent an apartment, enter an employment contract, sign up for a cellphone carrier, or buy travel tickets—pervades all aspects of our modern lives. On a daily basis, most of us accept boilerplate provisions without realizing that should a dispute arise about a purchased good or service, the nonnegotiable boilerplate terms can deprive us of our right to jury trial and relieve providers of responsibility for harm. Boilerplate is the first comprehensive treatment of the problems posed by the increasing use of these terms, demonstrating how their use has degraded traditional notions of consent, agreement, and contract, and sacrificed core rights whose loss threatens the democratic order. Margaret Jane Radin examines attempts to justify the use of boilerplate provisions by claiming either that recipients freely consent to them or that economic efficiency demands them, and she finds these justifications wanting. She argues, moreover, that our courts, legislatures, and regulatory agencies have fallen short in their evaluation and oversight of the use of boilerplate clauses. To improve legal evaluation of boilerplate, Radin offers a new analytical framework, one that takes into account the nature of the rights affected, the quality of the recipient's consent, and the extent of the use of these terms. Radin goes on to offer possibilities for new methods of boilerplate evaluation and control, among them the bold suggestion that tort law rather than contract law provides a preferable analysis for some boilerplate schemes. She concludes by discussing positive steps that NGOs, legislators, regulators, courts, and scholars could take to bring about better practices.
Boilerplate
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Author : Omri Ben-Shahar
language : en
Publisher: Cambridge University Press
Release Date : 2007-05-21
Boilerplate written by Omri Ben-Shahar and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-21 with Law categories.
Boilerplate, the fine print of standard contracts, is more prevalent than ever in commercial trade and in electronic commerce. But what is in it, beyond legal technicalities? Why is it so hard to read and why is it often so one-sided? Who writes it, who reads it, and what effect does it have? The studies in this volume question whether boilerplate is true contract. Does it resemble a statute? Is it a species of property? Should we think of it as a feature of the product we buy? Does competition improve boilerplate? Looking at the empirical reality in which various boilerplates operate, leading private law experts reveal subtle and previously unrecognized ways in which boilerplate clauses encourage information flow, but also reduce it; how new boilerplate terms are produced, and how innovation in boilerplate is stifled; how negotiation happens in the shadow of boilerplate, and how it is subdued. They offer a new explanation as to why boilerplate is often so one-sided. With emphasis on empiricism and economic thinking, this volume provides a more nuanced understanding of the 'DNA' of market contracts, the boilerplate terms.
Public Relations Writing
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Author : Donald Treadwell
language : en
Publisher: SAGE
Release Date : 2004
Public Relations Writing written by Donald Treadwell and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
Public Relations Writing: Principles in Practice is a comprehensive core text that guides students from the most basic foundations of public relations writing-research, planning, ethics, organizational culture, law, and design-through the production of actual, effective public relations materials. Now published by Sage Publications, this edition has been updated throughout to include current events and Web addresses. Core content includes such subject areas as news and features, writing for print and broadcast, persuasive communications, newsletters and employee communication, annual reports, brochures, direct mail, global communication and the Internet.
Negotiating And Drafting Contract Boilerplate
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Author : Tina L. Stark
language : en
Publisher: ALM Publishing
Release Date : 2003
Negotiating And Drafting Contract Boilerplate written by Tina L. Stark and has been published by ALM Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Business & Economics categories.
This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.
The Three And A Half Minute Transaction
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Author : Mitu Gulati
language : en
Publisher: University of Chicago Press
Release Date : 2013
The Three And A Half Minute Transaction written by Mitu Gulati and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
"Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, when a Belgian court's novel judicial interpretation in Elliott Associates v. Peru rattled international finance by forcing a defaulting sovereign - for one of the first times in the market's centuries-long history - to repay its foreign creditors despite their refusal to enter into a restructuring agreement. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause. Using this case as a launching pad to explore the broader issue of 'stickiness' of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts - dating back to the nineteenth century - and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation and that are largely hidden from the individual lawyer tasked with drafting contracts. With the near certainty of massive sovereign debt structuring in Europe, The Three and a Half Minute Transaction speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided"--Unedited summary from book jacket.
Boilerplate Clauses International Commercial Contracts And The Applicable Law
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Author : Giuditta Cordero-Moss
language : en
Publisher: Cambridge University Press
Release Date : 2011-03-17
Boilerplate Clauses International Commercial Contracts And The Applicable Law written by Giuditta Cordero-Moss and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-17 with Law categories.
With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.
Business Contracts Kit For Dummies
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Author : Richard D. Harroch
language : en
Publisher: John Wiley & Sons
Release Date : 2011-04-27
Business Contracts Kit For Dummies written by Richard D. Harroch and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-27 with Business & Economics categories.
If you think that hard work and good decision-making are the only keys to running a successful business, think again. Although these issues are critical in any business endeavor, in reality it is the paperwork that is key to creating and maintaining your business. That's right, paperwork! From employee contracts to real estate leases, these and other legal documents are incredibly important, but can be difficult to decipher. If you're a business owner who is not a legal expert, Business Contracts Kit For Dummies will provide you with advice, forms, and contracts that will allow you to clearly spell out your business intentions to employees, vendors, and customers. Even if you've been in business for a while or are a legal expert, you can still benefit from this book by using the nearly 200 sample contracts and documents contained on the companion CD-ROM. Using jargon-free language, this easy-to-use guide will introduce you to the basics of contracts and show you how to draft a variety of other legal documents. Business Contracts Kit For Dummies also covers the following topics and much more: * Forms for businesses big and small * Understanding the essentials of contracts * Incorporating your business * Drafting employment contracts * Conquering leases, licenses, and loans * Tackling Web agreements * Avoiding common contract mistakes This unique kit is just what you need to make business agreements more agreeable. And, best of all, it gives you dozens of sample contracts on the companion CD-ROM that you can use right away! Nearly 200 examples, checklists, and fill-in-the-blank contracts are all a mouse click away, including articles of incorporation, independent contractor agreements, checklists for office leases, software license agreements, confidentiality agreements, and much more. Business Contracts Kit For Dummies will show you how to cover your assets without making it a full-time job. Note: CD-ROM/DVD and other supplementary materials are not included as part of eBook file.
Fictional Discourse And The Law
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Author : Hans J. Lind
language : en
Publisher: Routledge
Release Date : 2020-04-14
Fictional Discourse And The Law written by Hans J. Lind and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-14 with Law categories.
Drawing on insights from literary theory and analytical philosophy, this book analyzes the intersection of law and literature from the distinct and unique perspective of fictional discourse. Pursuing an empirical approach, and using examples that range from Victorian literature to the current judicial treatment of rap music, the volume challenges the prevailing fact–fiction dichotomy in legal theory and practice by providing a better understanding of the peculiarities of legal fictionality, while also contributing further material to fictional theory’s endeavor to find a transdisciplinary valid criterion for a definition of fictional discourse. Following the basic presumptions of the early law-as-literature movement, past approaches have mainly focused on textuality and narrativity as the common denominators of law and literature, and have largely ignored the topic of fictionality. This volume provides a much needed analysis of this gap. The book will be of interest to scholars of legal theory, jurisprudence and legal writing, along with literature scholars and students of literature and the humanities.
Your Estate Matters
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Author : Patti S. Spencer, Esq.
language : en
Publisher: Author House
Release Date : 2015-01-13
Your Estate Matters written by Patti S. Spencer, Esq. and has been published by Author House this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-01-13 with Law categories.
"Patti Spencer has learned everything there is to know on this subject and has written down a good bit of it in this book. This is a tremendous help to individuals as they try to sort out their estate and tax planning needs." - Matthew J. Creme, Jr. Partner at Nikolaus & Hohenadel LLP, Former President of the PA Bar Association "When it comes to estate planning and tax law, there's simply no one better than Patti Spencer. She demystifies estate planning in a way that is accessible for all. Known for her no nonsense style and humor, this book is a must-have for anyone making their estate plans or just trying to understand the process." - Samuel Bressi, President & CEO of Lancaster County Community Foundation "I have read Patti Spencer's newspaper column on a weekly basis for several years now, and never tire of learning more about estate planning and tax law. Patti manages to take complicated issues and reduce them to their simplest form." - David Griffith, Former Business Editor at Intelligencer Journal We don't intend to neglect our estate and financial plans, but it is so easy to be overwhelmed with conflicting financial advice. Your Estate Matters will bring clarity to those pesky, rapidly changing tax laws and will provide you with the accurate information you need to properly manage your estate. Your Estate Matters offers a practical down-to-earth approach that explains the ins and outs of estate planning, tax savings, and other issues that directly affect your family's pocketbook: income tax, living wills, trusts, prenuptial agreements, college savings, and retirement planning. If you want to stay ahead of the curve, are ready to plan your own estate, have aging parents, or have recently retired, this is the book you need to read.
Buying Selling And Valuing Financial Practices
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Author : David Grau, Sr.
language : en
Publisher: John Wiley & Sons
Release Date : 2016-08-12
Buying Selling And Valuing Financial Practices written by David Grau, Sr. and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-12 with Business & Economics categories.
The Authoritative M&A Guide for Financial Advisors Buying, Selling, & Valuing Financial Practices shows you how to complete a sale or acquisition of a financial advisory practice and have both the buyer and seller walk away with the best possible terms. From the first pages of this unique book, buyers and sellers and merger partners will find detailed information that separately addresses each of their needs, issues and concerns. From bestselling author and industry influencer David Grau Sr. JD, this masterful guide takes you from the important basics of valuation to the finer points of deal structuring, due diligence, and legal matters, with a depth of coverage and strategic guidance that puts you in another league when you enter the M&A space. Complete with valuable tools, worksheets, and checklists on a companion website, no other resource enables you to: Master the concepts of value and valuation and take this issue “off the table” early in the negotiation process Utilize advanced deal structuring techniques including seller and bank financing strategies Understand how to acquire a book, practice or business based on how it was built, and what it is capable of delivering in the years to come Navigate the complexities of this highly-regulated profession to achieve consistently great results whether buying, selling, or merging Buying, Selling, & Valuing Financial Practices will ensure that you manage your M&A transaction properly and professionally, aided with the most powerful set of tools available anywhere in the industry, all designed to create a transaction where everyone wins—buyer, seller, and clients.