Jump to ContentJump to Main Navigation
Foundational Principles of Contract Law$
Users without a subscription are not able to see the full content.

Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2021

Form Contracts

Form Contracts

(p.521) Thirty-Seven Form Contracts
Foundational Principles of Contract Law

Melvin A. Eisenberg

Oxford University Press

Chapter 37 concerns form contracts. That term refers to a writing that is in the form of a contract (hence the name), some of whose terms were negotiated or at least discussed by the parties, but most of whose terms were prepared by one party without any negotiation, discussion, or even knowledge by the other party. Form contracts consist of two elements. The first element is a real contract and is comprised of terms that were negotiated, or at least discussed and agreed upon, by the parties prior to the contract’s finalization. The second element consists of terms attached to the real contract that were prepared by the form-giver prior to the transaction between the parties, without negotiation, discussion, or knowledge by the form-taker. Such terms are referred to as boilerplate. This chapter considers whether boilerplate should be enforceable.

Keywords:   form contracts, boilerplate, form-giver, form-taker, real contract

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .