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.
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