"Unfair" Dispute Resolution Clauses: Much Ado About Nothing?

Description

This chapter takes an empirical look at boilerplate terms that stand in the midst of much current controversy—the dispute resolution clauses. Using a dataset compiled from software license contracts, it finds no indication that these terms place hardships on consumers. Vendors choose governing law and forum, not to bar consumer protections or to deter lawsuits, but most often for simple convenience, directing the dispute to be resolved in their home state. Moreover, these terms are used less often than prior commentators feared.

Source Publication

Boilerplate: The Foundation of Market Contracts

Source Editors/Authors

Omri Ben-Shahar

Publication Date

2007

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