Access to Justice and Abuses of Contract

34 Pages Posted: 21 Feb 2016 Last revised: 25 May 2017

See all articles by Margaret Jane Radin

Margaret Jane Radin

University of Toronto - Faculty of Law; University of Michigan Law School

Date Written: February 19, 2016

Abstract

Mass-market standardized fine print altering the rights of consumers is greatly expanding in today’s digital environment. Mass-market boilerplate impacts access to justice when it deletes rights to redress of grievances. Such deletion of rights leads to normative degradation because it undermines agreement, the basis of justifiable contractual enforcement, and it leads to democratic degradation because it undermines the basis of civil society and the Rule of Law. A brief comparison of US and Canadian common-law suggests that Canada’s legal system is less willing to allow these inroads into access to justice.

Suggested Citation

Radin, Margaret Jane, Access to Justice and Abuses of Contract (February 19, 2016). Windsor Yearbook of Access to Justice, 2016; U of Michigan Public Law Research Paper No. 501. Available at SSRN: https://ssrn.com/abstract=2735011 or http://dx.doi.org/10.2139/ssrn.2735011

Margaret Jane Radin (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States
505-314-6516 (Phone)

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