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Standard Terms Contracting in the Global Electronic Age: European Alternatives

74 Pages Posted: 25 Jun 2008 Last revised: 23 May 2015

James R. Maxeiner

University of Baltimore - School of Law

Date Written: January 1, 2003

Abstract

This article examines American, European Union and German standard terms laws from an American perspective. It considers not only current law, but significant aspects of the development of these bodies of law. It sets out general issues involved in standard terms laws and summarizes American law. It notes the origin of American concepts in Europe and examines standard terms in the struggle over revision of the Uniform Commercial Code. It looks at the law of the European Union and its origin in the consumer movement. It considers in detail the law of one Member State as an example, that of Germany.

Keywords: Standard terms law, unconscionability, 2-302, consumer law, legal history, comparative law, click-wrap, rolling contracts, adhesion

Suggested Citation

Maxeiner, James R., Standard Terms Contracting in the Global Electronic Age: European Alternatives (January 1, 2003). Yale Journal of International Law, Vol. 28, No. 1, 2003. Available at SSRN: https://ssrn.com/abstract=1150508

James R. Maxeiner (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States
410-837-4628 (Phone)

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