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Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most … contract law rules that advance nonparty interests, which it calls “nonparty defaults.”In doing so, this Article makes three … contributions to the contract law literature. First, it identifies nonparty defaults as a judicial technique. It shows how courts …
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When discussing the fairness of boilerplate consumer contracts, courts often rely on the criterion of symmetry: whether a given contractual provision applies equally to both parties. In many states, boilerplate provisions that apply solely to the consumer but not to the merchant are much more...
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