LAWG 100D1 Lecture Notes - Lecture 21: Natural Person, Gross Negligence, Suppletion
23 Jan 2018
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Document Summary
The new paradigm: recall discussions of underlying theory of contract (autonomy of the will, contracts should protect parties interests with very little control, recall the reasons for the decline of the a of w theory. Inequality of bargaining power: tenants and landlords; individual inequality; consumer and manufacturer, proliferation of standard form and adhesion contracts, one party has no autonomy in these kinds of contracts. The choice is to adhere or not to adhere: smith: freedom of contract: choose contracting party, form, and content, and whether or not to contract at all, electronic contracts, new phenomenon. How do we control standard form and adhesion contracts: what is an adhesion contract, taglia: preformulated by one party, addressed to a generality of parties, not subject to individual negotiations (p28, 1379. A contract of adhesion is a contract in which the essential stipulations were imposed or drawn up by one of the parties, on his behalf or upon his instructions, and were not negotiable.
