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dc.contributor.authorAyres, Ian
dc.date.accessioned2022-04-04T23:28:32Z
dc.date.available2022-04-04T23:28:32Z
dc.date.issued2019
dc.identifier.citationResponse, One-Legged Contracting, 133 Harvard Law Review 1 (2019)en_US
dc.identifier.urihttp://hdl.handle.net/20.500.13051/18076
dc.description.abstractRabbi Hillel was once challenged by a gentile to teach "the whole Torah" while the challenger stood on one leg.1 The sage responded with his version of the Golden Rule: "That which is hateful to you, do not unto another: This is the whole Torah. The rest is commentary." The story exemplifies both how succinctly a sagacious interlocutor can summarize a vast tract, and the extreme impatience of many listeners. Professors Robin Kar and Margaret Radin, in their thought-provoking article Pseudo-Contract and Shared Meaning Analysis,3 have proposed that courts ignore vast portions of contractual writings: the unread standard terms ubiquitous in modern consumer and other transactions. Before enforcing such boilerplate text, a court should "imagine that all of the written and digital text exchanged during contract formation is converted into oral form and takes place in a face-to-face conversation between the relevant parties." It should then ask: "Could this boilerplate text have plausibly contributed to an oral conversation that contributes terms to a contract consistent with the presupposition that both parties were observing the cooperative norms that govern language use to form a contract?" If the answer is "No," the boilerplate "should not be enforced." Kar and Radin's standard places particular emphasis on succinctness. Plausibly contributing to an oral conversation where the drafter is observing the cooperative conversational norms requires the drafter "to say neither too much nor too little" given the shared purpose of the conversation.en_US
dc.publisherHarvard Law Reviewen_US
dc.subjectLawen_US
dc.titleResponse, One-Legged Contractingen_US
rioxxterms.versionNAen_US
rioxxterms.typeJournal Article/Reviewen_US
refterms.dateFOA2022-04-04T23:28:32Z


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