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from one contract to another, without the need to worry about unforeseen interactions with other parts of the contract and … also intermediate between contract and property in terms of contexts not taken into account by the creators of boilerplate …
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With Douez v. Facebook Inc., the Supreme Court of Canada has started to digest the implications of standard form contracts, or boilerplate, in the on-line consumer market. In this case, four of a panel of seven judges ruled that a forum selection clause in Facebook's “terms of use” could not...
Persistent link: https://www.econbiz.de/10012895551
In a claim for compensation for breach of contract, various principles take account of the injured party's own … loss, and reliance upon the contract. Judges and academics alike have suggested that there is a connection between … avoidable loss rule with other causal norms typically applied to contract.The first part of the article shows that the avoidable …
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Exit from contract is one of the most powerful consumer protection devices, freeing consumers from bad deals and …
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This Article was written to test a hypothesis, namely, that it is easy to get into a contract but very difficult to get … out of one. After reviewing case law from the Seventh and Ninth Circuits, contract law in action suggests that reality may … contract in practice, but it is extremely difficult to get out of one. Pacta sunt servanda seems to be alive and well in twenty …
Persistent link: https://www.econbiz.de/10013003831
the structure of her thought about contract law. Subheadings in the article are: (1) The Law in Action; (2) Contracts are … Relational, and Doctrinal Law is Marginal; (3) The Social Significance of Contract Doctrine is Largely Symbolic; (4) The Market …
Persistent link: https://www.econbiz.de/10013004550